The new venue payment regulations do not apply to clubs that operate gaming machines on their own premises
Some clubs have expressed concern that the new venue payment regulations apply to clubs and mean that clubs cannot pay their staff for non-gambling related activities. This is not correct. The regulations do not apply to clubs that have gaming machines on their own premises.
Although the regulations do not explicitly say that clubs are excluded, R5(1) says:
Corporate societies may make payments to venue operators for any matters only in accordance with the Act and these regulations.
The term venue operators is defined in the Gambling Act as:
The occupier of a Class 4 venue for which the licence application was required under section 65(3) to be accompanied by a Class 4 venue agreement where the occupier owns the primary business at the venue.
Section 65(3) provides that a venue agreement is required unless the Secretary is satisfied that:
The applicant is a club that intends to operate gambling equipment at a non-commercial Class 4 venue that—
it owns or leases; and
is mainly for the use of club members.
All of these sections together make it clear that the venue payment regulations do not apply to clubs that have gaming machines on their premises as they do not operate under a venue agreement.
However, if a club has gaming machines in a commercial venue and they have a venue agreement with that venue operator, the regulations do apply in respect of that venue and the club must make sure that any payments made to the venue operator comply with the regulations.