Gaming machine shutdown periods

Under the Gaming Machine Act 2001, registered clubs and hotels must not operate gaming machines between 4:00am and 10:00am each day of the week. The intention of this requirement is to limit the opportunity for continuous gaming machine play and provide a “break-in play” for gaming machine players. The legislation requires all gaming machines in registered clubs and hotels to be subject to the shutdown requirements.

Existing registered clubs and hotels may apply to the Independent Liquor & Gaming Authority (ILGA) to vary the shutdown period or apply for a three-hour shutdown period:

3-hour shutdown: 6.00am to 9.00am on Saturday, Sunday, and public holidays
3-hour limited shutdown: 6.00am to 9.00am every day

Approval to vary the shutdown period may be subject to conditions imposed by ILGA.

Changing your shutdown period

Approval to vary the shutdown period is subject to Guidelines approved by the Minister and ILGA Guideline 16 Late-night Gaming Applications PDF, 402.64 KB. ILGA will only approve a variation to the shutdown period if:

the licensed premises is located in an area that usually attracts tourists; or
the licensed premises is located in an area where other hospitality and entertainment venues are open until 6:00am on Saturdays or Sundays or public holidays
before April 2002, the licensed premises remained open after 4:00am on Saturdays, Sundays or public holidays; or
the licensed premises is seeking a variation based on hardship grounds and fulfils the Guidelines.

As a general rule, when reviewing changes to shutdown hours, ILGA only considers the following activity:

Metro venues - within one kilometre of the venue, or within the venues suburb or SA2. Country venues - within three kilometres of the venue, or within the venues suburb or SA2.

The boundaries of your venues SA2 area can be viewed online at Find my LIA band.

ILGA takes a risk-based approach to discharging its functions. This means that ILGA will refer to the statutory objects and specific statutory criteria for making decisions set out in the liquor and gaming legislation. ILGA will also consider relevant liquor and gaming related research and evidence, including crime, demographic and health statistics.

ILGA also considers the following factors when considering a variation:

The venues compliance with ILGA Guideline 16 - Late-night gaming applications
The licensee has adopted and can demonstrate that all harm minimisation measures required under the regulatory framework are implemented.
The licensee demonstrates participation in the local liquor accord.
The licensee can indicate that the licensed premises will usually be trading during the hours for which the approval is sought.
If the licensee is a club that earns more than $1 million annually from gaming machine revenue, the licensee can demonstrate participation in the ClubGRANTS Local Committee (if a committee is in place).

Late-night gaming applications

The Independent Liquor and Gaming Authority (the Authority) determines gaming related applications as venues move, trade and lease gaming machine entitlements and seek to vary their gaming machine shutdown hours.

The Authority has particular concerns with applications that increase the availability of gaming machines after midnight in Band 3 SA2 and after 2:00am in a Band 1 or 2 SA2. The Authority has developed Guideline 16 (Authority Guideline 16 - Late-night gaming applications PDF, 402.64 KB) to assist applicants in demonstrating due regard to gambling harm minimisation and fostering the responsible conduct of gambling.

The Guideline applies to applicants seeking:

a gaming machine threshold increase under section 34 of the Gaming Machines Act 2001,
to transfer gaming machine entitlements or permits, or
a reduction or variation to the gaming machine shutdown period under sections 40, 40A and 41 of the Act.

In considering what is in the public interest the Authority will consider the objects of the Gaming Machines Act and the matters set out in Guideline 16, including any submissions made by the applicant under Guideline 16.

Guideline 16 states that the Authority will look more favourably upon late night gaming applications where a venue has implemented or proposes implementing strategies to prevent and reduce gambling harm beyond the minimum legislative requirements. In considering how Guideline 16 applies to your application, we encourage you to:

refer to the Office of Responsible Gambling fact sheet titled ‘Going above and beyond'. Responsible conduct of gambling for venues’ (Annexure C to the Guideline) and to provide the Authority with information on what harm minimisation strategies are in place at the venue and/or will be in place at the venue if the application is approved. Guideline 16 states that applicants should be able to demonstrate they have multiple Foundational Level strategies in place. Applicants with higher risk applications (including but not limited to those for venues in a Band 3 SA2 or any venue trading past 2 am) should be able to demonstrate they have multiple Intermediate and Advanced level strategies in place.
develop a gaming plan of management for your venue, which is one of the foundational level measures recommended in the Responsible Gambling fact sheet.

Revised ILGA delegations – how Guideline 16 applies

If your application involves an increase in the availability of gaming your application is likely to be determined by the Authority rather than under delegation. Examples of late night gaming applications likely to be determined by the Authority include:

Gaming machine threshold increases without entitlement or permit transfers or leases:

any application where a venue is located in a Band 3 and the venue trades past midnight, or
any application where the venue is licenced to trade past 2:00am

Gaming machine threshold increases with entitlement or permit transfers or leases:

where the movement will from a band 1 to a band 2 SA2 and the receiving venue trades past 2am
where the movement is within the same band between venues with the same trading hours and there is no forfeiture of gaming machine entitlements
any new lease agreement that replaces an existing lease agreement which would result in a net increase in the availability of late-night gaming machines at the venue
transfers between venues where the receiving venue has longer trading hours than the source venue and/or significantly higher turnover per machine, even if the venues are within the same SA2 or two same-banded SA2s.

Extended trading applications and gaming machine shutdown related applications:

any application to vary shutdown or trading hours that will result in the increase in the availability of gaming during the late-night period.

If you have any questions about current delegations, please email Liquor & Gaming NSW.

Lodging your application for variation

The application fee for a variation is $550.

Send your applications to:

Post: Gaming Systems | L&GNSW | GPO Box 7060 | Sydney NSW 2001
T: 02 9995 0500 | E: gaming.applications@liquorandgaming.nsw.gov.au

Revert back to the general shutdown period

You can apply to revert back to the general shutdown period of 4am to 10am.

Change gaming machine shutdown period to the general 6-hour period form PDF, 733.26 KB