Almost 700 pubs and clubs in NSW will be told to switch off their poker machines between 4 and 10am, ending a 20-year loophole that has allowed some venues to be pre-dawn gaming dens.
However, it is unclear whether the NSW Labor government will change the legislation to permanently axe the exemption provisions, with an appeal process to remain in place.
Hundreds of clubs have pleaded financial hardship to enable their poker machines to stay operating in the mandated shutdown period.Credit: Flavio Brancaleone
Venues claiming financial hardship or boosted tourism benefits have been able to apply for a shorter shutdown period than the mandatory 4 to 10am, and those that had pokies before 1997 can also be allowed different shutdown hours.
More than 670 venues have had varied shutdown periods over the past two decades, despite research showing the early hours of the morning to be the danger time for problem gamblers.
The Herald in September revealed that three of the 10 most profitable clubs in NSW by gaming revenue are operating with extended trading hours after gaining a hardship exemption.
Gaming Minister David Harris said the changes would prove “an important break in play, so patrons go home, get ‘out of the zone’ and reflect upon their behaviour”.
“Following months of review, it is clear the 20-year-old variations enabling more than 670 clubs and pubs with gaming machines to operate outside of the mandated hours were no longer fit for purpose,” Harris said.
“So I have acted to revoke these variations and update the application process in a phased way, so that venues can still make their case to vary their hours.”
Harris said any venues with a strong case for an exemption “will have the opportunity to respond to Liquor and Gaming NSW to put their case forward to justify their eligibility for a continued variation”.
The minister said the changes to the shutdown period would be contained in “revised ministerial guidelines”. His office was asked whether the legislation would also be changed to ban exemptions.
Greens gambling harm minimisation spokesperson Cate Faehrmann said the move was welcomed but maintained that her bill, introduced earlier this year, was in line with expert recommendations.
Faehrmann’s bill would have required all pubs and clubs to close their gaming rooms between midnight and 10am without exception.
“This is a win for common sense, for public health and for the thousands of people harmed every year by predatory gambling, but it can’t stop there,” Faehrmann said.
“I’m glad the government has finally admitted that this outdated loophole must be closed, but the Greens bill goes further for good reason.”
Faehrmann said a study done for the Responsible Gambling Fund into the impact of late-night pokies gambling highlighted that gambling harm increased after midnight, and more so after 2am.
The Productivity Commission also recommended a 2am shutdown.
“This is the absolute bare minimum for the government to do to reduce late-night gambling harm and they’ve only acted after I introduced my bill and began to secure the support necessary to get it passed,” Faehrmann said.
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