Class 4 venue policies
One of the purposes of the Gambling Act 2003 is to ensure community input into decisions about the provision of gambling in their area. There are provisions within the Gambling Act for councils to manage the impacts and limit the opportunities for gambling in their communities.
There are similar provisions in the Racing Act which should be considered at the same time.
On this page
- Developing class 4 venue policies
- Reviewing class 4 venue policies
- Related requirements: Agency (TAB) venue policies
- Reference: Section 101 of the Gambling Act
Developing class 4 venue policies
All councils were obliged to adopt a class 4 venue policy within 6 months of commencement of the Gambling Act. The policy options available under the Gambling Act provide councils with some tools to control the opportunities for, and limit the impact of, gambling in their communities.
When first adopting their policy, councils were obliged to:
- have regard to the social impact of gambling within their district
- specify whether and where class 4 venues may be established in their district.
Note that some of these provisions must be contained in the policy and some may be contained in it. These responsibilities are set out under sections 101 and 102 of the Gambling Act.
Reference: Section 101 of the Gambling Act
To see more detailed guidance on the policy options and review process, refer to the policy review process page.
Reviewing class 4 venue policies
A council must complete a review of its class 4 venue policy three years after the policy was adopted and then each three years subsequently.
A policy does not cease to have effect because it is due for review or it is under review.
Under the Gambling Act, where the policy is going to be changed or replaced, a special consultative procedure under section 83 of the Local Government Act 2002 will be necessary.
Reference: Section 101 of the Gambling Act
To see more detailed guidance on the policy review process, refer to policy review process page
Related requirements: TAB venue policies
Under the Racing Industry Act every council must adopt a TAB venue policy in relation to race and sports betting services in their district. These were previously referred to as Board policies or TAB policies.
A council’s TAB venue policy covers whether or not new TAB venues may be established in the area, and if so, where.
In developing their TAB venue policy, councils must also have regard to the social impact of gambling within their district.
Reference: Racing Industry Act 2020 Sections 96 and 97
Class 4 machines in TAB venues
Some TAB venues also operate class 4 machines in their venues. A council’s class 4 venue policy also applies to these machines.
Reference: Section 101 of the Gambling Act
Section 101(3)
(3) The policy—
(a) must specify whether or not class 4 venues may be established in the territorial authority district and, if so, where they may be located; and
(b) may specify any restrictions on the maximum number of gaming machines that may be operated at a class 4 venue; and
(c) may include a relocation policy.
Section 101(4)
(4) In determining its policy on whether class 4 venues may be established in the territorial authority district, where any venue may be located, and any restrictions on the maximum number of gaming machines that may be operated at venues, the territorial authority may have regard to any relevant matters, including:
(a) the characteristics of the district and parts of the district:
(b) the location of kindergartens, early childhood centres, schools, places of worship, and other community facilities:
(c) the number of gaming machines that should be permitted to operate at any venue or class of venue:
(d) the cumulative effects of additional opportunities for gambling in the district:
(e) how close any venue should be permitted to be to any other venue:
(f) what the primary activity at any venue should be.
Section 101(5)
A relocation policy is a policy setting out if and when the territorial authority will grant consent in respect of a venue within its district where the venue is intended to replace an existing venue (within the district) to which a class 4 venue licence applies (in which case section 97A applies). Under section 102(5A), the first time that a territorial authority commences a review of their policy since the Gambling (Gambling Harm Reduction) Amendment Act 2013 came into force, it must consider whether to include a relocation policy in its class 4 venue policy.
This subsection is also referenced in Section 102 (5A):
Under section 102(5A), the first time that a territorial authority commences a review of their policy since the Gambling (Gambling Harm Reduction) Amendment Act 2013 came into force, it must (and may at any other time) consider whether to include a relocation policy in its class 4 venue policy.
