Apply for a gaming machine licence
To own and operate gaming machines in South Australia you must have a gaming machine licence and hold gaming machine entitlements.
Each gaming machine licence specifies the maximum number of gaming machines approved for a venue. The most any venue can have is 40 machines.
A gaming machine licence can't be granted to premises located under the same roof as shops or within shopping complexes.
More than one gaming machine licence may be held for separate parts of a premises if there are also separate liquor licences. In the case of clubs, two or more clubs may hold a gaming machine licence on the same premises if each one also holds their own liquor licence for that premises.
Before you begin
Before you can apply for a gaming machine licence you must already have these things.
Liquor licenceYou must have, or have applied for, one of these liquor licences:
Social effect certificate
You must have undertaken a social effect inquiry, submitted a report and received a social effect certificate.
Proposed premises certificate
If your premises is not yet fully constructed you may need a proposed premises certificate.
Once you have all of these, you can begin your application for a gaming machine licence.
What you'll need
All applicants need to:
- provide a completed application form and fee payment
- provide a copy of the lease agreement or permission from the landlord if you don't own the property
- provide a certificate of title if you own the property
- provide a copy of a bank or loan statement if you have borrowed money to finance this application
- provide evidence that you have entered into a service agreement with a licensed service agent
- determine whether you are applying as:
- an individual
- a partnership
- a company
- a trustee of a trust or incorporated association
- a copy of the partnership agreement
- an ASIC extract
- an incorporated association constitution including a list of committee members
- a copy of the relevant trust deed.
and provide the following documents where applicable:
- determine who holds a position of authority in your corporate structure or trust, and lodge a personal identification declaration (PID) to have those persons approved.
Identifying positions of authority
It is your responsibility to ensure that all persons:
- who occupy a position of authority within your corporate structure/trust or
- receive profits or proceeds from the business
are approved by the Liquor and Gambling Commissioner.
Positions of authority include:
- a sole-trader or persons in a partnership
- directors and shareholders, including where a shareholder is a body corporate
- trustees and beneficiaries of the trust associated with the licensed entity
- committee members in the case of an incorporated association
- any person in the corporate structure which exercises influence or control over the business.
Minors who are shareholders in a proprietary company, or who are beneficiaries under a trust don't need approval.
Personal identification declarations (PIDs)
To be approved by the commissioner, each person must complete and lodge a personal identification declaration (PID) with the application.
If a person has already been approved in a position of authority under another current gaming machine licence in SA, a PID is only required if their circumstances have changed since their last approval.
Everyone submitting a PID will be contacted by SA Police to have their fingerprints taken (alternative arrangements can be made for people who live in remote or isolated areas, interstate or overseas).
If you don't have a proposed premises certificate you must provide evidence to satisfy the commissioner that:
- the proposed gaming area or gaming areas within the premises will be suitable for the proper conduct of gaming operations
- there will be adequate security proposed for the premises, gaming areas and the gaming machines
- the conduct of the proposed gaming operations would be unlikely to result in undue offence, annoyance, disturbance or inconvenience to those who live, work or worship in the vicinity of the premises
- the conduct of gaming operations would not detract unduly from the character of the premises, the nature of the undertaking carried out on the premises or the enjoyment of persons ordinarily using the premises
- the proposed gaming area(s) is not designed or situated so that it would be a special attraction to minors
- the proposed gaming area(s) is enclosed
- you have obtained any necessary approvals, consents or exemptions.
How to apply
Lodge your application form, the relevant fee, PIDs and other documents with Consumer and Business Services (CBS).
- Gaming machine licence application form (PDF 73KB)
- Personal information declaration (PID) form (PDF 120KB)
Email the application to CBSGamblingServices@sa.gov.au
Licensing and Registration
GPO Box 2169
Adelaide SA 5001
|Application for a gaming machine licence|
Application for approval of a person to assume a position of authority in body corporate:
What happens next
A case manager from consumer and Business Services will contact you to confirm that your application was received.
Your case manager will let you know whether you need to:
- publish a notice of your application in certain newspapers
- publish a notice of your application in the government gazette
- notify your local council.
The advertising of applications is a mandatory requirement to allow members of the public to raise any objections and is in addition to any advertising and consultation you may have engaged in with the local community during the social effect inquiry process.
As notice of your application is made public:
- a person may object if they have a reason to do so
- the police may also intervene on your application if there are concerns about public disorder, disturbance or would be contrary to the public interest
If someone objects to your application:
- you will be provided with the details of the objection
- you and the objectors will be invited to take part in a conciliation conference with the commissioner or a delegate.
The conciliation conference is not a formal process, there is no need to be represented by a lawyer, but you may choose to do so if you think it is necessary.
At the conciliation conference:
- the delegate will ask you to explain the details of your application
- the objectors will explain what their concerns are
- the delegate will help the parties reach an agreement
- the delegate can explain what the law means and clarify any misunderstandings the parties may have but cannot provide you with legal advice
- if the objectors and you fail to come to an agreement the delegate cannot make a decision and will refer the matter to a hearing.
The commissioner may determine whether to conduct the hearing or refer the matter to be heard by the Licensing Court.
At a hearing before the commissioner:
- you will be able to explain the details of your application
- the objectors can explain their concerns
- the commissioner will make a decision on the application.
When considering your application the commissioner must:
- apply the social effect principles set by the Independent Gambling Authority
- consider the scale of the proposed gaming operations relative to the other businesses to be conducted at, or in connection with, the premises
- not have regard to the economic effect that the granting of the licence might have on the business of other licensed premises in the relevant area, except any economic effect that may be relevant to the assessment.
If your matter goes before the licensing court, more information will be provided by the court.
Your case manager will keep you updated on the progress of your application.