Council Minutes - Section C: Notices of Motion - 24 July 2012
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Notices of Motion tabled at the Ordinary Meeting of Council on Date which was held at City Hall in Little Malop Street, Geelong.
Establishment of the Geelong Convention and Exhibition Centre (Cr Jan Farrell)
VCGLR Approval of Fyansford Hotel to Operate as a Gaming Venue with 40 Electronic Gaming Machines
A Project Steering Group and Project Reference Group led by the City have been appointed to lead the investigation into establishing a convention and exhibition centre in Geelong. The Steering Group will include representatives from the local business and education community.
Discussions are continuing with potential partners to further explore and refine possible site locations and project delivery structure. The proposed Geelong Convention and Exhibition Centre would include a conference venue with the capacity to cater for up to 1,200 plenary delegates. It would provide 4,000 m2 of exhibition space, along with banqueting facilities, meeting rooms, a business centre and retail outlets. A five-star hotel is envisaged to complement the Convention Centre and accommodate delegates.
In considering the development of a new conference centre in Geelong, Council should take note from the New Zealand experience. The Auckland casino operator, Sky City, is currently negotiating with the government to introduce hundreds more gaming machines and tables into the casino to pay for the convention centre.
The Victorian Commission for Gaming and Liquor Regulation (VCGLR) has in the past approved gaming venues/machines in part because of the financial contribution that gaming income would make towards the renovation and/or the upgrading of a recreational facility for the community. Council needs to be aware that the Australian Productivity Commission estimates that 40% of income from gaming comes from problem gambling.
The City of Greater Geelong along with the Borough of Queenscliffe is a capped region and no further electronic gaming machine entitlements can be introduced into the municipality. Existing municipal caps were established in 2009. The Gambling Regulation Act (- Section 3.2.4A) requires that municipal caps be reviewed before 5 years has elapsed since the previous decision (21 October 2014). However it should also be noted that there is scope for a shifting of machines (subject to acceptance by the VCGLR) from existing venues within the municipality
Cr Farrell moved, Cr Richards seconded -
That Council advises the Project Steering Group to establish a convention and exhibition centre, that it will not support any proposal that includes the introduction of a casino or a venue containing electronic gaming machines.
Amendment:
Cr S Kontelj moved, Cr E Kontelj seconded –
That Council advises the Project Steering Group to establish a convention and exhibition centre, that it will not support any proposal that includes the introduction of a casino or a venue containing electronic gaming machines, that results in an increase in the Geelong Region EGM cap of 1,421.
The amendment was put and lost.
The motion was put and carried.
Division Requested:
For: Crs Richards, Abley, Farrell, Fisher, Doull
Against: Crs Macdonald, Granger, S Kontelj, E Kontelj
Council allocated $5,000 in the 2012-2013 Budget for the Courthouse Artwork Project Project No C13508.
Following consultation with the Arts and Culture Department it was established that funds required for this project were in excess of requirements for this project.
A reallocation of $2,500 is recommended to be transferred for the purpose of Erection of Two Light Poles for the Training Ground at Lovely Banks Lions Football Club.
The reallocation of funds is recommended as the project came in the form of a Council community grant however there are insufficient funds available to complete this project.
Cr Richards moved, Cr Fisher seconded -
That Council support the following reallocation of funds in 2012/2013 budget:
Ward |
Project description |
Budget |
Budget ID |
Brownbill |
Courthouse Artwork Project |
-$2,500 |
C13508 |
Windermere |
Lovely Banks Lions Football Club |
$2,500 |
TBA |
Carried.
It is reported that the Corangamite Catchment Management Authority is proposing to remove a stand of elm and ash trees in Parkland fronting the Barwon River adjacent to the river end of West Fyans Street Newtown.
The tree removal is part of the CCMA’s ‘Barwon Through Geelong Management Plan’. The trees have been identified by CCMA as environmental weeds.
Advice has been received that the trees are of historical significance, in that they were gifted and/or planted by the former City of Newtown.
It is appropriate that the history of these trees be investigated further, to confirm the significance of the trees and if found warranted, that the trees be retained and placed on appropriate tree registers.
Cr S Kontelj moved, Cr Richards seconded -
That:
the City of Greater Geelong write to the Chairman and the Chief Executive Officer of Corangamite Catchment Management Authority requesting they immediately stop work on the proposed removal of a stand of elm and ash trees in Parkland fronting the Barwon River, Newtown;
Council investigate the historical significance of the trees and if found warranted, that the trees be placed onto appropriate tree registers to protect the trees from removal.
Carried.
Council has received notification from the Victorian Commission for Gambling and Liquor Regulation (VCGLR) regarding its reasons for approving the application from PJ Cook Investments Pty Ltd for the premises known as the Fyansford Hotel, 67 Hyland Street, Fyansford, as suitable for gaming with 40 electronic gaming machines. In determining whether the Applicant should be granted a licence, VCGLR must apply a ‘net detriment test’ (Section 3.3.7 of the Gambling Regulation Act 2003).
The Commission resolved that, following a social and economic assessment of the application, that the result to the local community will be slightly positive. Hence the application was granted.
The Commission acknowledged that the application will result in a slight increase in problem gambling within the municipality but considered that this will be offset by a range of social and economic benefits resulting from the proposal.
In addition, contrary to the submission made by Council, the Commission indicated that it is satisfied that the Hotel will remain a destination venue ‘for the life of the Electronic Gaming Machine (EGM) entitlements’ (ten years).
Council can appeal the decision of the Commission within 28 days from the date of handing down the reasons (13 July). Hence Council must make its appeal by 10 August 2012. Once again, these tight timelines prevent Council from considering this matter through the appropriate cycle of Council meetings.
Council solicitors have indicated that, should Council pursue an appeal of the Commission’s decision to the Victorian Civil and Administrative Tribunal (VCAT), that “it will be exceedingly difficult to convince the Tribunal to overturn the decision without some significant piece of new evidence or change of circumstance.” However, contrary to the finding of the Commission, the pending housing development that has been approved by Council and which is immediately adjacent to the Hotel, will present an increased risk for problem gamblers as it will have elements of a convenience venue rather than a destination venue. This is contrary to Council’s submission to the Commission.
It is further concerning that the Commission considers that even a slight increase in problem gambling is acceptable. The Geelong community already experiences losses in the order of $116 million per annum. The Productivity Commission estimates that 40% of losses can be attributed to problem gambling. Even a small increase in problem gambling should be a problem for this Council. It is on this basis that the decision of the Commission should be appealed.
Cr Farrell moved, Cr Richards seconded -
That an appeal by Council be lodged to the Victorian Civil and Administrative Tribunal (VCAT), under Section 3.3.14 Gambling Regulation Act 2003, for review of the Victorian Commission for Gambling and Liquor Regulation’s decision to approve an application by PJ Cook Investments Pty Ltd to operate a gaming venue (40 EGMs) at the Fyansford Hotel, 67 Hyland Street, Fyansford, Geelong.
Carried Unanimously.
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