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M I N U T E S
Hearings Committee
Meeting Date: |
Monday, 11 December 2017 And Continued, in Public Excluded Session, later on 11 December 2017 |
(The Elbowroom Sports Bar - Territorial Authority Consent Application for Class 4 Gambling Venue,
for an additional four gaming machines -
(RMA20170375))
HASTINGS DISTRICT COUNCIL
MINUTES OF A MEETING OF THE Hearings Committee
HELD IN THE Council Chamber, Ground Floor, Civic Administration Building, Lyndon Road East, Hastings ON
Monday, 11 December 2017 AT 9.00am
[AND Then CONTINUED in public excluded session
later ON MONDAY, 11 DECEMBER 2017
IN the GUILIN ROOM, GROUND FLOOR]
with the decision being released on monday, 15 january 2018
(following a resolution to proceed in open session
in order to release that decision)
Present: Chair: Councillor Lyons
Councillors Kerr and Redstone
IN ATTENDANCE: Senior Environmental Planner Consents (Mrs C Burton)
Team Leader Environmental Consents (Mr C Sutton)
Committee Secretary (Mrs C Hunt)
ALSO PRESENT: Applicant:
Michael Newrick, The Elbowroom Sports Bar
Mr Jarrod True representing the Hastings Returned Services Association (RSA)
Ms Jackie Wells, Chief Executive, Club Hastings
Submitters:
Ms Rebecca Peterson, Hawke’s Bay District Health Board
Ms Shelley Burne-Field, Te Rangihaeata Gambling Recovery Services (Hawke’s Bay)
1. Apologies
There were no apologies from any members of the Hearings Committee.
Submitter: Therese Grevatt, Health Promoter, Problem Gambling Foundation Of New Zealand was unable to attend but had forwarded an email that would be read out as part of the evidence for this hearing.
2. |
The Elbowroom Sports Bar - Territorial Authority Consent Application for Class 4 Gambling Venue, for an additional four gaming machines (RMA20170375) (Documents 17/1275 and 10939#0337)
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The Chair introduced the members of the Committee sitting on the Panel for this hearing, and the Council Officers present. The Chair made his opening comments and outlined the process that would be followed at the hearing, together with addressing “housekeeping” issues.
The Hearing was to consider an application for an additional four gaming machines at The Elbowroom Sports Bar in Hastings.
The Chair also advised that the Committee had not undertaken a site visit.
Once the respective evidence had been presented, the Committee would undertake its deliberations in Public Excluded (Confidential) Session.
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Mr Jarrod True, Hastings RSA spoke to a power point presentation (Document 10939#0357) and highlighted the following comments:
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· Problem gambling submissions confirm that adding four machines to the existing 14 would be preferable to opening another venue. · A modest number of submissions (4) in opposition had been received. This was a low number, by national standards. · 3 of the 4 submissions in opposition were from regular submitters who advocated no gambling machines, irrespective of circumstances. · 4 submissions were received in support. · While the application did not meet Clause 6(v) of the policy, the proposal was assessed as being consistent with the outcomes and objectives of the Policy. · This is not an opportunity to re-litigate the cap versus sinking lid debate or the merits of gaming machines. · The venue is located within 100 metres of a residential zone and determination is to be made as to whether the impact would be more than minor. · The venue is already well established. · No new venue would be established. · Concentration of machines in one venue allows for greater supervision and monitoring by trained staff. · 14 machines have operated at the site for over 16 years. · The additional 4 machines would be in a discreet internal gaming room. · No extra signage or noise would result. · The additional machines would not be visible from the outside of the bar. · The Applicant is highly experienced and a reputable operator. · Extensive harm minimisation procedures are in place which have been reviewed and approved by Council. · The Applicant has zero tolerance for anti-social behaviour. · The area is a deprivation level 8. · The policy has a preference for all new and relocated venues to be within the Central Commercial zone with a greater deprivation level 9. · If deprivation level 8 was a prohibitive factor then no new venues could be established and no existing venues relocated to that zone. · The Problem Gambling Foundation submission was made through its Wellington office, so it referred to National statistics, not local ones. · The additional machines would enable the Hastings RSA to increase local community grants. · Grant money generated in Hawke’s Bay, stays in Hawke’s Bay.
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Ms Jackie Wells, Chief Executive of the Hastings RSA advised that prior to the Applicant taking over The Elbowroom it had had 18 gaming machines. The previous owner could not afford to keep the extra gaming machines.
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The Committee then asked questions of Mr True. The main points that were addressed in response to questions from the Committee included:
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· Harm minimisation is undertaken through District Health Board promotion and staff are trained to look for signs. · If a person shows signs of gambling addiction they are given a health promotion pamphlet and a discreet letter on how to seek help. · Clients are able to self-exclude themselves. · Approximately one or two people self-exclude themselves for a period of six months every one to two weeks. · Digital photos on an electronic tablet scrolls faces continually. The photos are updated once a week. · The Applicant knows the local people so it is easy to know who they are. · Facial recognition software being deployed and could be installed for the price of one machine. · 20-30 problem gamblers were excluded from The Elbowroom. · Every property within 100m radius was delivered information on the proposal to have additional gaming machines.
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Ms Rebecca Peterson, Acting Team Leader / Population Health Advisor, District Health Board spoke to her submission (Document 10939#0363) and highlighted the following: · Opposed application as it was inconsistent with Clause 6(v) of the Class 4 Gambling Venue Policy. · Increasing the numbers of machines increased accessibility and thereby increased the social impact in an adverse way. · While it was the parents who gambled, it was the children who suffered as a result. · 38% Maori and 28% pacific children were more likely to experience gambling harm. · Every new machine created 8 new problem gamblers. · Children of gambling parents were more likely to gamble.
Ms Peterson displayed a short video on a real life story of Hoani who shared his problem gambling and how it drove him to steal from his wife.
www.choicenotchance.org.nz/understand-gambling/real-life-stories/hoanis-story
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The Committee then asked questions of Ms Peterson. The main points that were addressed in response to questions from the Committee included:
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· Ms Peterson was unable to comment in regard to online gambling. · Whether a venue was well run or not there would be significant impacts on individual and family. · Well run venues would have better systems in place, but would still have an impact on the community. · Two of the main groups that gambling impacts on are deprivation and ethnicity.
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Shelley Burne-Field, Te Rangihaeata – Gambling Recovery Services (Hawke’s Bay) circulated and spoke to her submission in opposition (Document 10939#0361) of the application and highlighted the following:
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· If increase machines in Hawke’s Bay, this increases the harm. · To get a $3.6m grant, over $30m is lost out of local pockets. · Venues and bars that support these applications do have something to gain. · Each machine provides over $10,000 per annum. · The venues around NZ do not know what is happening at ground level and what is happening at the bars with exclusions. · The Elbowroom has 80 exclusions at the moment, details of these are held in a folder behind the bar. · They have a digital photo frame that is discreetly located behind the bar · Te Rangihaeata took photos of clients and was a lifeline to them to have an exclusion. · Addiction to the pokies means people often relapse. · Unfortunately, The Elbowroom has had numerous undetected breaches. · Some clients have gone in and gambled and not been detected. · Zero detected this year at The Elbowroom. · In comparison Zabeels Sports Bar has13 detected and only 4 not detected · The Cru Bar had 11 detected and 0 not detected. · Hidden addiction – for New Zealand, pokies are a huge curse on society.
The Committee then asked questions of Ms Burne-Field. The main points that were addressed in response to questions from the Committee included:
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· Not anti-gambling but help addicted people and have a responsibility that there is no increased harm in Hawke’s Bay. · Minor affects referred to in planning report – minor affects have not been defined. · Visits were undertaken to 26 venues each week and they take a USB stick with updated photos for electronic photo frame. · Visits were undertaken to The Elbowroom every week. · The problem was that they were not able to be there every day and they have certain responsibility and legislative framework to work within – they try to speak to bars staff regarding how they can identify people. · Unfortunately, that message does not get through. · Exclusions are legislated. · Facial recognition study – not rolled out and used in local venues. Working with venues to get something up and running in the future. · It was a tool to take pressure off bar staff. · The facial recognition would only pick up clients who have been through Te Rangihaeata and who have had their photo taken. · Problem gamblers who have signed up to Te Rangihaeata. Local people going to local bar, staff would recognised them. · Gambling creates 2.5 times more harm than diabetes. · Numerous undetected clients had revisited and relapsed at The Elbowroom.
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________________________ The Hearing adjourned at 10.15am and would reconvene in Public Excluded Session for the Committee to undertake its deliberations. ________________________ |
with the decision being released on monday, 15 january 2018
(following a resolution to proceed in open session
in order to release that decision)
The Elbowroom Sports Bar - Territorial Authority Consent Application for Class 4 Gambling Venue, for an additional four gaming machines (RMA20170375)…Continued
The Committee then confirmed its decision in Open Session so it could be publicly released. The Substantive Wording is set out below. The full decision wording, including narrative, is contained in a separate document as noted in italics below.
SUBSTANTIVE DECISION
Councillor Lyons/Councillor Kerr
That under section 98(a) of the Gambling Act 2003, the publicly notified application by The Elbowroom Sports Bar, at 1001 Tomoana Road, Hastings for territorial authority consent for an additional four Class 4 gaming machines be granted.
CARRIED
The meeting was formally closed at 11.10am
Confirmed:
Chairman:
Date:
(Note: The full wording of the signed hearing decision, is attached as a separate document. The full decision is circulated with, and forms part of these minutes – the signed decision is saved under 10939#0375 in the Council’s records system).