Council Minutes - Section C: Notices of Motion - 23 October 2018
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This motion seeks to ensure legal representation to present the City’s case at the forthcoming Victorian Commission for Gaming and Liquor Regulation (VCGLR) hearing regarding the Geelong RSL Sub-Branch application to increase Electronic Gaming Machines (EGMs) at its venue at 50 Barwon Heads Road, Belmont.
At its Ordinary Council Meeting on 25 September 2018, Council resolved to endorse a response to the VCGLR that did not support an increase to the number of EGMs at the RSL Geelong Sub-Branch. This response has been forwarded to the VCGLR as a submission against the application in accordance with the Gambling Regulation Act 2003.
Council’s submission is based on a detailed analysis that demonstrated a high likelihood of net social and economic harm to our community. That analysis and a description of the harms can be found as part of the report that was endorsed by Council at the 25 September meeting.
Historically, a review of VCGLR decisions shows that the Tribunal gives a higher weight to applications by local Councils when they are available for cross-examination and legal representation will ensure that Council’s argument is presented in the best possible light in the context of such cross-examination. Success has either been in the form of the VCGLR rejecting the application altogether, or a reduction in the proposed number of EGMs sought by an applicant or other reductions of other potential harms to the community (such as requirements for gaming room design).
In the case at hand, there is a high likelihood of net community harm, and our community is strongly opposed to an increase, therefore increasing our chances of success if we are to also provide legal representation at the hearing.
Council taking a more active role to minimise the harms from gambling is consistent with our Council Plan 2018-2022 strategic priority area 1 – Improved Health and Safety of Our Community; our municipal Health and Wellbeing Plan (particularly the focus on improving mental health), the Clever and Creative Future vision priority of being an inclusive, diverse, health and socially connected community and the Electronic Gaming Policy adopted by Council on 23 May, 2017.
Council also has an obligation to be fiscally responsible, and the measures outlined in this motion are intended to ensure adequate legal representation while keeping costs to a minimum. It also serves to enhance our in-house legal team’s capacity to undertake such work, and provide for the development of a strategic response to decisions around legal representation at future hearings.
Councillor Mansfield moved, Councillor Aitken seconded -
That Council:
agree to engage appropriately qualified legal representation to present the City’s submission at the VCGLR hearing opposing the Geelong RSL Sub-Branch application for an increase in EGMs;
authorise the expenditure of up to $8,000.00 for the appointment of a suitability qualified legal representative;
delegate to the Chief Executive Officer the authority to provide further instructions as to the management of the matter, provided those instructions are not inconsistent with Council’s resolution dated 25 September, 2018 not to support the proposed increase in EGMs by the RSL Geelong’s Sub-Branch. Geelong RSL; and
request officers report back to Council:
on the outcome of the application at the VCGLR; and
regarding possible criteria to automatically trigger the provision of legal representation at future VCGLR hearings together with any associated resource implications related to the establishment of that criteria
Carried.
For: Councillors Mansfield, Aitken, Asher, Murrihy, Mason, Murnane
Against: Councillors Nelson, Sullivan, Kontelj, Grzybek
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