Review of the Registered Clubs Industry in NSW - Clubs NSW

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12 Making it easier for new clubs to be established In addition to industry-specific regulatory changes, more requirements are being placed on clubs in areas such as training for Responsible Service of Alcohol (RSA) and Responsible Conduct of Gambling (RCG), corporate governance, occupational health and safety, planning and environmental regulations. However, progressively broader legislative requirements are not unique to the clubs industry. IPART notes that various other industries, such as finance and building, have also experienced greater levels of regulation in recent times. Another legal development that may affect the rate of registered club establishment is the introduction of new types of licences. Some small clubs no longer need to be registered, as there are alternative function licences they can use. For example, under the current liquor licensing regime, clubs that do not hold regular events can apply for a permanent on-licence (function) that allows them to hold up to 26 functions a year (no more than one a week) where alcohol can be served. 228 From 1 July 2008, the Liquor Act 2007 will provide for a limited licence allowing up to 52 functions per year. 229 Though this may reduce the number of clubs that become registered, IPART considers this is a positive step for small clubs as it provides them with more flexibility for their operations. 12.3 Addressing the barriers to establishment that can be influenced To a large extent, the factors discussed above cannot or should not be addressed by government to make it easier for clubs to be established. However, IPART identified several areas where government can help to remove the barriers for a club wanting to become registered, including: providing greater guidance about the process involved in establishing a registered club facilitating access to suitable land to locate a registered club in new development areas continuing to provide new clubs with access to 10 free gaming machine entitlements until alternative measures to support new clubs are in place. 228 The Department of Gaming and Racing, Fact Sheet 9: Permanent Function Licences, April 1999. 229 OLGR, Liquor Law Reform: more responsibility, less red tape; Overview, 2008, p 5. 200 IPART Review of the Registered Clubs Industry in NSW
12 Making it easier for new clubs to be established 12.3.1 Providing greater guidance about the process involved in establishing a registered club IPART considers that groups wishing to establish a registered club should be provided with greater guidance about the process. This process involves many government bodies, which can make it complex, time-consuming and expensive. Based on legislation applicable at the time of writing this report, the major bodies involved in registering a club are: Licensing Court: the main body that assesses the application and grants the licence. Local councils or consent authorities: these authorities consult the community to see if there are any objections to the establishment of a registered club in that location. OLGR: Director of Liquor and Gaming (Director) prepares various reports, including premises report, (that is, compliance with statutory, regulatory and other requirements such as Licensing Court Practice Directions). The Director also prepares a probity report on the proposed secretary manager. Police: Commissioner of Police reports on Section 10 issues in the Registered Clubs Act (for example, the club is conducted in good faith, membership requirements are met, the premises is appropriate for the purposes of the club), checking into the constitution of the club, the company that underpins it, the membership etc. Liquor Administration Board: conducts the SIA process if required. In a submission, ClubsNSW outlined 20 steps to becoming a registered club. 230 IPART considers that each of the steps is essential (see Appendix G for full list of ClubsNSW’s steps to establishing a registered club). Once the Liquor Act 2007 commences on 1 July 2008, some of the governing bodies that administer club registration will change. For example, clubs wanting to be a registered club will need to apply to the CLGCA for a club licence instead of applying to the Licensing Court for a certificate of registration. The CLGCA, Director and Commissioner of Police will still have a role in the consideration of the application and the requirements of section 10(1) of the Registered Clubs Act will still need to be fulfilled. However, there will be an additional requirement, in the form of a Community Impact Statement (CIS). OLGR has advised that a step-by-step process guide will be available to assist applicants in preparing their CIS. The CIS is expected to be simpler than the current liquor SIA process. It will summarise the results of consultation with local stakeholders – which can include local councils, police, health, aboriginal representatives, community organisations and residents. 231 230 ClubsNSW submission, 31 July 2007, pp 117-121. 231 OLGR, Liquor Law Reform: more responsibility, less red tape; Overview, March 2008, p 6. Review of the Registered Clubs Industry in NSW IPART 201
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Independent Pricing and Regulatory
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Contents 6 Strengthening the financ
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Executive Summary Executive Summary
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Executive Summary estimated the val
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Executive Summary Therefore, IPART
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Executive Summary However, IPART al
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Executive Summary List of Recommend
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Executive Summary 15 Once the stand
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Executive Summary 29 That ClubsNSW
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Executive Summary 46 That ClubsNSW
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Executive Summary 60 That OLGR deve
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1 Introduction 1 Introduction Over
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1 Introduction 1.1.2 Review’s foc
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1 Introduction 1.2 Other reviews an
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1 Introduction 1.3 The structure of
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2 The registered clubs industry in
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Page 173 and 174: 10 Helping clubs better understand
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Page 229 and 230: A Terms of reference A Terms of ref
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Page 235 and 236: C List of submitters, roundtable pa
Page 241 and 242: D Gambling expenditure and problem
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F ACG’s approach to measuring the
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G ClubsNSW - steps to establishing
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G ClubsNSW - steps to establishing
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Glossary and Abbreviations Glossary
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Review of the Registered Clubs Industry in NSW - Clubs NSW

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