Location of gaming machines

Regulations are in place for where gaming machines can be located in hotels and clubs. The intention is to ensure that gaming isn’t advertised to members of the public outside of the venue.

Gaming machines shouldn't be in a location that:

attracts the attention of people outside the venue
allows gaming machines to be easily seen or clearly heard from public areas outside the venue.

Some examples of this include, where gaming machines are:

behind a clear glass wall or window where they can be seen by the public from outside the venue on public property
in an outdoor area next to a public place where gaming machines can be heard
seen at night time from a public area, due to the machine’s flashing lights and artwork.

There are also requirements on using monitors:

A large plasma or LCD screen can’t be used to display the jackpot for a linked gaming system or an authorised progressive system
- anywhere outside or in the vicinity of the hotel or club
- anywhere inside the hotel or club so that they can be seen from outside the venue.
A monitor displaying a jackpot prize from a linked system or an authorised progressive system can only be located in a bar area of a club, or the gaming room of a hotel.

Secretary’s Directions

The Secretary of the NSW Department of Customer Service can direct a hotel, or club, to move or screen its gaming machines.

Each consideration for a direction by the Secretary, is done on a case-by-case basis. For example, it will be taken into account by the Secretary if:

gaming machines are located in what would be considered an inappropriate place, for a number of years
the venue is very small and doesn’t have a gaming room.

This individualised approach prevents unnecessary costs on venues that may be caused by a blanket requirement.

Review a directive

If you disagree with a decision of the Secretary, concerning the location of gaming machines, you can ask the Independent Liquor & Gaming Authority Board (ILGA) to review the decision.

To apply for a review, you must submit an application in writing and pay a $250 fee.

Your application for a review by ILGA must:

be made within 21 days of the day on which the decision by the Secretary was made
state the grounds on which the application for review is made
be accompanied by a copy of the decision of the Secretary
include your payment of $250.

You must also provide the Secretary with a copy of the application either as soon as possible after your application or at the same time.

Unless ILGA puts the directive on hold, the Secretary’s directive will remain active while your request for review is being considered.

Requests for a review of a decision must be made in writing to:
Post: ILGA | GPO Box 7060 | Sydney NSW 2001

Provide the Secretary with a copy:
Post: Secretary | Department of Customer Service | GPO Box 5477 | Sydney NSW 2001

Hotel gaming machine rooms

If you have more than 10 gaming machines at your hotel, you will need a dedicated gaming room that is separated from the rest of your hotel. You may also have more than one gaming room. No more than five gaming machines can be located in the general bar area.

Any construction that's needed to build a gaming room will first need building approval from local council before gaming machines can be kept there.

By law, hotel gaming rooms must:

be free of charge to enter
be in a restricted area of the hotel, which means no one under 18 is allowed in the restricted area
be physically separated from the general bar area by a permanent floor to ceiling wall - the bottom half of the wall is allowed to be made of opaque or non-transparent material
be under the supervision of the hotelier or an employee at all times, either by someone being physically present or by electronic surveillance
have a doorway or a space to and from the gaming room to at least one operating bar in the hotel
have clear signage to direct people to the rest of the hotel if the gaming room has an entrance that opens directly from a public street
allow a person to go from a gaming room, toilets and bar without having to go outside at any point
not make patrons pass through it to get to another part of the hotel, or to enter or leave the hotel.

The requirement for a gaming room to be physically separated from the general bar area of a hotel does not:

prevent you from having a doorway or space giving access to and from the gaming room
require you to build the permanent wall to extend past the counter that is part of the general bar area meant to serve patrons in both the gaming room and bar area.

More information can be found from the Gaming Machines Act 2001.