Under the Gambling Regulation Act 2003 (the Act), venue operators are required to comply with all the conditions of its licence. Variations to the licence conditions may be made by following the steps set out in section 3.4.17 of the Act.
5.0 Licence Responsibilities and Obligations
Section 3.4.23 of the Act requires venue operators to notify the Victorian Commission for Gambling and Liquor Regulation (VCGLR) in writing if they change or plan to change their structure in the following ways:
- an incorporated association decides to amalgamate with another incorporated
- association, or to convert itself into a company
- an un-incorporated body decides to become incorporated
- a venue operator is one of two or more clubs applying for an amalgamated club liquor licence
- an application has been made by executors, trustees or administrators to have their name or that of their agent endorsed on the liquor licence.
Through the nominee, venue operators are also responsible for notifying the VCGLR of certain changes in the licensee’s situation as detailed in the directions made under section 10.4A.4 of the Act.
Whenever any of the specific changes take place, a written notice must be given to the VCGLR within 14 days of the change occurring. An email from the nominee to the VCGLR is generally acceptable, provided it is accompanied by supporting documentation, if appropriate. The email can be sent to email@example.com.
Individual nominees and associates are also required to notify the VCGLR about certain changes in their situation. Nominees can help by reminding associates from time to time about their reporting obligations.
Venue operators are also required to notify the VCGLR in writing within seven days of becoming aware that a person has become an associate. A person cannot become an associate or nominee without the prior approval of the VCGLR in writing.
If a liquor licence for an approved venue is cancelled, transferred, relocated, surrendered or released, the venue operator’s licence is automatically and immediately amended to remove the premises that were the approved venue. In addition, the approval of the premises is immediately revoked. In these circumstances, gaming at those premises would have to cease immediately.
Nominees can perform the duties of a gaming industry employee
The nominee of a venue operator may perform the duties of a Gaming industry employee at the venue for which they are the approved nominee without holding a gaming industry employee's licence. At all times while the nominee is performing the duties of a gaming industry employee, a VCGLR approved ‘nominee identification’ badge must be worn so that it can be clearly seen by other people.