Review of the Registered Clubs Industry in NSW - Clubs NSW

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G ClubsNSW - steps to establishing a registered club 16. Objections can be taken to the application under Section 25 of the Registered Clubs Act. An objector can be the Commissioner of Police, the Director of Liquor & Gaming and a local council or other consent authority. Also the owner or lessee of any land or any person who ordinarily resides on any land within two kilometres of the club’s premises (if the premises are located in an area covered by the Local Government Act) or within eight kilometres of the premises in any other area may object. An objection can also be taken by any person who alleges that his or her interests financial or other are likely to be adversely affected by the granting of the application. Accordingly local hotels, restaurants, reception centres etc can file objections. A major concern in relation to any application concerning a club or a new club is the potential for objections ultimately found to be frivolous or without reasonable foundation to delay applications for a considerable time and cause considerable uncertainty and additional expense. As demonstrated by many applications for liquor licences, an objector who can cause delay will often succeed in substance merely by having caused the delay. Not only is there scope for a frivolous objector to delay the application at first instance, the delay can be continued by appeal proceedings even though they might ultimately be unsuccessful. 17. Notwithstanding the comments in relation to the problems with club premises above, there has been at least one instance of the Licensing Court granting a certificate of registration conditionally without the club having any premises but on the basis that council-approved plans were submitted with the application which were approved by the court. Once the premises were constructed a further application could be made for a final order in relation to the certificate of registration. Ironically, that club was not able to proceed as it could not raise the funds to construct the clubhouse. It has now merged its activities with a large registered club. 18. The issue of getting a conditional grant of a new certificate of registration without first committing to building costs is partially alleviated by the existing section 18 which allows a conditional application where the new club proposes to have ‘new premises’. 19. Once an application for a certificate of registration under Section 7 is granted the club will: – Be able to sell liquor in its premises to members and guests of members. – Be able to apply to the Liquor Administration Board for the 10 free gaming machine entitlements available under the Gaming Machines Act. However it will still have to purchase or lease the gaming machines in respect of each of those entitlements. Once again this raises issues of finances and cash flow. 20. The legal costs from the first step to the last will approach $35,000 and conceivably be much more if difficulties such as problems with Council and objectors in the Licensing Court are experienced. This does not include the cost of the premises construction, renovation or business and operational costs. 256 IPART Review of the Registered Clubs Industry in NSW
Glossary and Abbreviations Glossary and Abbreviations ABS ACG ASIC ASX CDI CDSE CLGCA ClubsNSW CMAA CPGI Dissolved club DOCS EBIT EBITDA EBITDAR EBITDARD EBITDARD % EOI FTE GIS GMR Guidelines KPI LAB Leagues Clubs’ Association LGA LIA Licensing Court Minister MOU NCOSS Bowls NSW Australian Bureau of Statistics The Allen Consulting Group Australian Securities and Investments Commission Australian Securities Exchange Club Directors Institute Community Development and Support Expenditure Casino, Liquor and Gaming Control Authority The Registered Clubs Association of NSW Club Managers’ Association Australia Canadian Problem Gambling Index A club which has transferred its members and assets to another club through an amalgamation and has been dissolved. NSW Department of Community Services Earnings before interest and income tax Earnings before interest, income tax, depreciation and amortization Earnings before interest, income tax, depreciation, amortization and rent Earnings before interest, income tax, depreciation, amortization, rent and donations EBITDARD as a percentage proportion of revenue Expression of interest Full time equivalent Gambling Impact Society (NSW) Inc Gaming machine revenue ClubsNSW Best Practice Guidelines Key performance indicator NSW Liquor Administration Board Leagues Clubs’ Association o f NSW Local government area Local Impact Assessment Licensing Court of NSW NSW Minister for Gaming and Racing Memorandum of Understanding Council of Social Services of NSW Royal NSW Bowling Association Incorporated Review of the Registered Clubs Industry in NSW IPART 257
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Independent Pricing and Regulatory
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© Independent Pricing and Regulato
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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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3 Understanding the social contribu
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4 Measuring and reporting on club c
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5 Refining the Community Developmen
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6 Strengthening the financial viabi
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7 Improving clubs’ financial repo
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8 Establishing a Club Viability Pan
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9 Improving corporate governance Th
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10 Helping clubs better understand
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11 Making it easier for clubs to am
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12 Making it easier for new clubs t
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Page 215 and 216: 13 Removing unnecessary regulatory
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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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Page 255 and 256: F ACG’s approach to measuring the
Page 261 and 262: G ClubsNSW - steps to establishing
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Review of the Registered Clubs Industry in NSW - Clubs NSW

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