Northern
Territory
Licensing
Commission
Annual Report
2012-13
Contents
Northern Territory Licensing Commission ....................................................................................... 1
Annual Report 2012-13 ................................................................................................................... 1
Chairman's Message ...................................................................................................................... 3
Licensing Commission Overview .................................................................................................... 4
The Commission ................................................................................................................. 4
Members of the Commission ............................................................................................... 4
Legislation ........................................................................................................................... 5
Commission Procedures ..................................................................................................... 5
Commission Business ......................................................................................................... 5
Hearings and Meetings 2012-13 .......................................................................................... 6
Liquor Licensing .............................................................................................................................. 7
Liquor Related Hearings 2012-13 ........................................................................................ 7
Liquor Hearings Decisions 2012-13 ..................................................................................... 7
Complaints against Licensed Premises ............................................................................... 8
Liquor Licences ................................................................................................................... 9
Cancellation of Licence ..................................................................................................... 10
Surrender of Licence ......................................................................................................... 10
Suspension of Licence ...................................................................................................... 11
Licences Transferred ......................................................................................................... 11
Licence Condition Variations ............................................................................................. 12
Material Alterations ............................................................................................................ 13
Special Liquor Licences..................................................................................................... 14
Continuing Special Licences.............................................................................................. 14
Liquor Permits ................................................................................................................... 15
East Arnhem – Liquor Permit Systems .............................................................................. 16
Groote Eylandt ....................................................................................................... 16
Gove ...................................................................................................................... 16
Restricted Areas ................................................................................................................ 16
Kava Licensing ............................................................................................................................. 18
History ............................................................................................................................... 18
Gaming Machine Licensing ........................................................................................................... 19
Legislation ......................................................................................................................... 19
Responsible Operation and use of Gaming Machines ....................................................... 19
Probity and Industry Participants ....................................................................................... 19
Community Impact ............................................................................................................ 20
Community Contribution .................................................................................................... 20
Gaming Machines Cap ...................................................................................................... 20
Distribution of Gaming Machines ....................................................................................... 21
Gaming Machine Industry Performance in Clubs/Hotels .................................................... 21
Private Security Licensing ............................................................................................................. 25
Private Security Licensing Hearing Decisions .................................................................... 25
Provision of Complaints ..................................................................................................... 26
Licence Numbers .............................................................................................................. 26
Private Security Licences .................................................................................................. 27
Mutual Recognition ............................................................................................................ 27
Escort Agency Licensing ............................................................................................................... 28
Totalisator Licensing ..................................................................................................................... 28
Tobacco Licensing ........................................................................................................................ 28
2
Northern Territory Licensing Commission
Chairman's Message
The trend towards increased liquor Licensee compliance with licence conditions and the Liquor Act
has resulted in no complaints being referred to the Licensing Commission for alleged breaches in
2012‑13. Over the past three years the number of complaints referred to the Commission for
Hearing has declined from 29 in 2010‑11, 13 in 2011‑12 and nil in this reporting year. Complaints
are usually referred to the Commission by the Director of Licensing or NT Police.
Permanent liquor licences on issue in the year total 590, comprised of 493 hotel, tavern, club,
restaurant and store takeaway licences and 97 Special Continuing Licences, being generally held
by social clubs for trading under 30 hours per week. Another 330 Special Licences were issued in
the year, largely for events and fund raising functions.
Liquor Permit systems in declared Restricted Areas continue to be a major and effective means of
controlling alcohol abuse. Groote Eylandt, Gove and a number of communities and areas largely in
the Top End employ a permit system as an alcohol management tool. Over 9,000 permits were in
effect in the reporting year.
Since the Federal Intervention ban on the commercial import of kava and the resultant dismantling
of the NT kava management system, there have been ongoing attempts to unlawfully trade in the
banned substance, predominantly in Top End coastal communities. During the year, 29 orders for
kava destruction were granted for over 2,100 kilos (over 2 tonnes) of kava and 12 vehicles used in
kava supply were forfeited to the Commission Chair, with 9 destroyed or sold at tender.
The Commission is still unfortunately dealing with complaints over the use of undue force by Crowd
Controllers licensed under the Private Security Act. The actions of a few are bringing the wider
industry into some disrepute. There were 1,819 licences on issue for Crowd Controllers and
Security Officers in the year.
The Commission would like to place on the record its appreciation for the assistance and
co-operation it has received during the year from government agencies and industry organisations
it regularly has dealings with in the course of its work.
Richard O’Sullivan
Chairman
3 September 2013
Annual Report 2012-13
3
Licensing Commission Overview
The Commission
The Northern Territory Licensing Commission is an independent statutory authority with extensive
powers to regulate the Northern Territory liquor, private security and gaming industries as well as
other matters through related licensing legislation.
The Commission was established on 14 February 2000 by the Northern Territory Licensing
Commission Act (the Act), and replaced several individual statutory authorities. The Commission
operates as an independent tribunal with responsibility for licensing and related matters covering
liquor control, kava management, private security, totalisators, escort agencies and gaming
machines. The Chairperson and up to five Members of the Commission also comprise the full
membership of the Northern Territory Racing Commission.
The Commission is supported in its functions by the Department of Business and the Gambling
and Licensing Services Division. The Division supports the Commission through investigating
complaints, monitoring venues, enforcing liquor, private security and gaming laws and compiling
relevant reports.
The Act requires the Commission to prepare a report to the responsible Minister (currently the
Minister for Business) at the end of each financial year detailing the Commission’s operations
during that year.
Members of the Commission
Existing members were appointed to the Licensing Commission by the Minister for Racing,
Gaming and Licensing however that responsibility has since passed to the Minister for Business.
The term of appointment extends to three years with provision for re-appointment.
Licensing Commission Members as at 30 June 2013 were:
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Mr Richard O’Sullivan (Chairperson)
Mr Philip Timney (Legal Member)
Mrs Jane Large
Mr John Brears
Ms Helen Kilgariff
Mr Wally Grimshaw
Mr Paul Fitzsimons
Mrs Cynthia-Lee Bravos
Mr David Brooker
The Legal Member is a Northern Territory Public Sector employee. All other members receive
sitting fees and allowances in accordance with rates determined by the Assembly Members and
Statutory Officers (Remuneration and Other Entitlements) Act.
4
Northern Territory Licensing Commission
Legislation
The Commission is a body corporate that operates as an administrative authority and quasi-judicial
tribunal, with responsibility for related matters in accordance with the requirements of the following
legislation:
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Northern Territory Licensing Commission Act
Liquor Act
Kava Management Act
Private Security Act
Totalisator Licensing and Regulation Act
Gaming Control Act
Gaming Machine Act
Prostitution Regulation Act
Racing and Betting Act (as the Racing Commission)
Tobacco Control Act
Commission Procedures
The majority of matters considered by the Commission arise from reports submitted by the Director
of Licensing. The Director of Licensing investigates all valid applications, complaints and
objections across the various Acts and provides appropriate reports to the Commission.
Major decisions and determinations are made by the Commission through a full corporate meeting
or a meeting of a quorum selected by the Chairperson. The Commission maintains records and
minutes of all meetings and publishes full written reasons for the majority of its decisions arising
from Hearings on its website
http://www.dob.nt.gov.au/gambling-licensing/licensing-commission/hearings-decisions/Pages/def
ault.aspx.
Many of the functions of the Commission are delegated by the Commission at its discretion.
Delegates include the Chairperson, the Director of Licensing, Deputy Directors of Licensing,
designated staff of Gambling and Licensing Services, and individual Commission members. All
decisions made by delegates are decisions of the Commission, for which it bears ultimate
responsibility.
Commission Business
The Commission conducts regular meetings to determine issues across the range of its legislative
responsibilities. In addition, special meetings of membership quorums and other groupings of
members are conducted on an ‘as needed’ basis in relation to specific and often urgent matters.
Hearings are conducted by panels of members selected by the Chairperson. Under the Liquor Act,
hearing panels may comprise one or three members. The Commission attempts to conduct all
Hearings at or near the location where the matter originated. Hearings are often conducted on-site
in regional towns and remote communities.
Annual Report 2012-13
5
Hearings and Meetings 2012-13
Table 1: Nature, Number and Duration of Hearings and Meetings conducted during 2012-13
Hearings & Meetings
Type of Hearing/Meeting
2011-12
2012-13
Hearings & Meetings
No. of Days
2011-12
2012-13
Scheduled monthly Commission meetings
8
8
8
8
Special Commission meetings
2
11
2
11
Community Liaison events
0
0
0
0
Escort Agency meetings
0
0
0
0
21
12
18
14
Review of Public /General Restricted Area
0
0
0
0
Conferences attended
3
3
8
9
Hearings
47
20
41
27
TOTAL
81
54
77
69
Private Security Inquiries / Reviews
Note: Does not include consultations with individual persons, organisations and public and community meetings.
One of the major responsibilities of the Commission is to ensure that the objectives of the Liquor
Act, that is, minimising the harm associated with the consumption of alcohol and acknowledging
the public interest aspects of associated liquor activities, are achieved.
To carry out its responsibilities under the Liquor Act, the Commission assesses applications,
conducts public hearings and deals with complaints against licensees who have breached their
licence conditions or the Liquor Act. Decisions made by the Commission are publicly available on
its website.
Under the Stronger Futures in the Northern Territory Act (Cwth), the responsible Commonwealth
Minister has a variety of powers relating to the operation of liquor licences in the Northern Territory,
with a particular focus on minimising harm to Aboriginal Territorians. Commission decisions are
made cognisant of these powers and, where appropriate, in consultation the Minister or relevant
Commonwealth department.
6
Northern Territory Licensing Commission
Liquor Licensing
Liquor Related Hearings 2012-13
Table 2: Summary of all Liquor Related Hearings conducted during 2012-13 in comparison to 2011-12
Nature of Hearings
2011-12
2012-13
Application for a restricted area
0
0
Application for the grant of a liquor licence
6
3
Complaint pursuant to S 48 – breach of the Liquor Act
7
0
Complaint pursuant to S 48 – (other – eg noise) of the Liquor Act
6
0
Section 124AAA (additional penalty) of the Liquor Act
1
0
Application to cancel liquor licence
0
1
Application to vary conditions of liquor licence
4
6
Application to substitute premises
1
0
Transfer of liquor licence
0
0
Requests by Licensees for review of licence conditions
0
7
Application or Reviews into Public Restricted Area
0
0
Reviews into Permit Application Revocations
4
5
Complaint pursuant to Section 69 – Disciplinary Action
2
1
TOTAL
31
23
Liquor Hearings Decisions 2012-13
Table 3: Liquor Hearing Decisions for 2012-13
Nature of Hearing
Venue
Decision Date
Decision
Request for Hearing
pursuant to Section 33(2)
Objection to Licence
Variation
Mataranka Hotel
25/07/2012
Objection overturned
Mataranka Homestead
Licences varied
Larrimah Hotel
Objections to Grant of New 21 On The Wharf
Liquor Licence
16/08/2012
Licence granted
Objection to Variation of
Liquor Licence
Fiddler’s Green
21/09/2012
Variation granted
Review of Chairman’s
Decision Pursuant to
Section 29 of the Northern
Territory Licensing
Commission Act
Gapview Hotel
05/10/2012
Affirmed Chairman’s decision
Objection to Variation of
Liquor Licence Pursuant to
Section 32A and Material
Alterations pursuant to
Section 119
Nirvana Restaurant
Application for variation refused
05/10/2012
Variation and material alterations
granted
Annual Report 2012-13
7
Nature of Hearing
Venue
Decision Date
Decision
Objection to Variation of
Liquor Licence Pursuant to
Section 32A and Material
Alterations pursuant to
Section 119
SKYCITY Darwin
22/11/2012
Variation and material alterations
granted
Objection to Grant of New
Liquor Licence
Bathurst Island Lodge
21/01/2013
Licence granted
Variation of Liquor Licence
pursuant to Section 32A
AWOF Sports
21/02/2013
Variation granted
Request for Hearing
pursuant to Section 33(2)
Objection to Licence
Variation (Legal Argument)
Top Springs Hotel
28/02/2013
Legal argument failed
Objection to Variation of
Liquor Licence Pursuant to
Section 32A
The NT Rock Bar
14/03/2013
Variation granted
Objection to Variation of
Liquor Licence Pursuant to
Section 32A
Monte’s Lounge
11/04/2013
Variation refused
Objection to Variation of
Liquor Licence Pursuant to
Section 32A
Rum Jungle Tavern
14/05/2013
Variation granted
Request for Hearing
pursuant to Section 33(2)
Objection to Licence
Variation
Top Springs Hotel
24/05/2013
Objection overturned
Licence varied
* For details see http://www.dob.nt.gov.au/gambling-licensing/licensing-commission/hearings-decisions/
Complaints against Licensed Premises
The granting of a liquor licence by the Commission brings with it a number of responsibilities for the
licensee - both under the Liquor Act and in the conditions of their licence.
The Liquor Act makes provision for complaints to be made against a licensee across a broad range
of issues including:
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the licensee has contravened a provision of the Liquor Act or their licence;
the conduct of the licensed premises has caused annoyance or disturbance to persons
residing, working or conducting a business within the vicinity of the premises; or
that the licensee is not a fit and proper person to hold a liquor licence.
The Liquor Act requires all complaints to be lodged in writing with the Director of Licensing and to
be signed by the person lodging the complaint. The Director of Licensing is required to investigate
all complaints and to provide licensees with the opportunity to respond. Complaints that relate to
offences at the lower end of the scale may be dealt with by the Director of Licensing directly
however complex and serious breaches of the Liquor Act or licence conditions are normally
handled by the Commission via a Hearing.
8
Northern Territory Licensing Commission
The Liquor Act provides the Commission with a variety of disciplinary actions in determining a
suitable penalty and they include:
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a formal warning;
varying, suspending or cancelling the licence;
imposing a monetary penalty; or
disqualifying the licensee from holding a licence for a period of time.
For serious breaches of the Liquor Act, the Commission may opt to issue a combination of these
penalties.
Table 4: Complaints Received and Actions Taken during 2012-2013 in comparison to 2011-2012 period
Liquor Complaints Received and Action Taken
2011-12
2012-13
Complaints investigated, but no further action warranted
0
0
Licences cancelled following complaint
0
0
Licences suspended due to breaches of licence conditions (section 66(1)(b))
3
0
Complaints heard and finalised without licence suspension
3
0
Complaints withdrawn
5
0
Complaints heard and monetary penalty imposed
1
0
12
0
TOTAL
Liquor Licences
Table 5A: Number of Full Liquor Licences (ie excluding special and continuing specials) in existence as at 30
June 2013 in comparison to 30 June 2012
Liquor Licences as at 30 June 2012
TOTAL
2011-12
2012-13
487
493
Table 5B: Number of New Full Liquor Licences Issued during 2012-2013 in comparison to 2011-2012
Categories
2011-12
2012-13
Public Hotel
0
1
Private Hotel
1
2
Tavern
0
2
Restaurant
1
5
Vessel
1
0
On Licence
5
4
Liquor Merchant
0
0
Off Licence
0
1
Roadside Inn Un-serviced
0
0
Roadside Inn Serviced
0
0
TOTAL
8
15
Annual Report 2012-13
9
Cancellation of Licence
The Liquor Act provides the power to the Commission to cancel a licence on a number of grounds
including:
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the licensee is no longer a fit and proper person to hold the licence;
the licensee has been found guilty of an offence against the Liquor Act;
the licensee is serving a term of imprisonment; or
the licensee has failed to comply with the condition of his or her licence.
The Commission may also cancel a licence on the grounds that the premises no longer meets the
needs or wishes of the community, but cancellation on this ground is subject to the payment of
compensation. A licence may also be cancelled in those instances where the licensee is no longer
operating the business and has not surrendered the licence.
The Commission is required to conduct a Hearing before cancelling a licence on any grounds.
Table 6: Liquor Licences Cancelled during the 2012-2013 period
Cancelled Date
Premises
23/07/2012
Thai Esaan Café & Restaurant
24/07/2012
Rene’s on the Bay
07/11/2012
Beswick Community Store*
01/02/2013
Tasty House
* Store Licence cancelled and On Licence issued.
Surrender of Licence
The Liquor Act enables a licensee to voluntarily surrender a licence. Licences are generally
surrendered for business reasons such as the premise is no longer viable or the non-renewal of a
lease. Licences are required to be surrendered to the Director of Licensing but remain in effect until
accepted by the Commission, which must first satisfy itself that all interested persons are aware of
the licensee’s intention to surrender the licence. Despite surrendering the licence, a person
remains liable for an act or omission done, caused, permitted or made by him or her prior to the
surrender, and for any liability incurred prior to the surrender.
Table 7: Liquor Licences Surrendered during 2012-2013 period
Surrendered Date
Premises
12/07/2012
Auriga Bay
02/08/2012
Oscar’s Cafe
26/09/2012
Mandorah Beach Hotel*
30/11/2012
Keller’s Restaurant
22/04/2013
Hot Rock Restaurant and Bar
* Roadside Inn Licence surrendered and Public Hotel Licence issued.
10
Northern Territory Licensing Commission
Suspension of Licence
Liquor licences may be suspended as penalty for breaches of the Liquor Act or licence condition or
for non-compliance with directions issued by the Commission. A licence may also be suspended
upon request by the Police Commissioner when the licensed venue has been declared a drug
premises under the Misuse of Drugs Act.
The Commission can only suspend the licence when it is satisfied that the breach is serious
enough to warrant suspension or in cases where the premises are not open for the sale or supply
of liquor. The Liquor Act allows for the immediate suspension of a licence in an emergency and this
would generally be at the request of the Police during a cyclone, major flood or civil disturbance. A
licence may also be suspended pending investigation of a complaint.
There were no liquor licences suspended during the 2012-2013 period.
Licences Transferred
The Liquor Act enables a licensee to transfer a licence to another person or entity. The majority of
transfers occur when a business is sold. The conditions of the licence remain in place and the new
owner must apply to the Commission if they wish to vary them. The transfer does not take affect
until the Commission authorises it. The person or entity whose licence is transferred shall cease to
be a licensee, but shall remain liable for an act or omission done, caused, permitted or made by
him prior to the transfer.
In the current reporting year, the Commission transferred 28 liquor licences.
Table 8: Liquor Licences Transferred in 2012-2013
Transfer of Licences
Premises
80517192
Lustre Café (formerly My Café)
80518045
Pandanus on Litchfield
80817421
Melville Island Lodge
80816670
DTC Sports
80517170
Oishi-Ya (formerly Chiantis Café)
80300296
Kitty O’Sheas Irish Bar and Café and The KO Sports Bar
80901824
Wanguri Supermarket
80300989
The Victoria Hotel
80900070
Boab Resort (formerly Boab Caravan Park)
81402279
Alice Springs RSL Club
80901218
Howard Springs Supermarket
80504723
Crustaceans on the Wharf
80816020
Darwin Airport Terminal
80815940
Café Terra Rosa (formerly Bar Bistro)
80515140
Cornucopia Café The Gardens (formerly Cornucopia Museum Café)
80516825
Café Kashmir
80901929
Nulite and Silver Oaks (formerly Central Supermarket)
80201886
Territory Manor Motel & Caravan Park
80804852
Jim’s Place
80204523
Katherine River Lodge
80517222
The Lane Café Restaurant (formerly 0870 Soma)
Annual Report 2012-13
11
Transfer of Licences
Premises
80202513
Elkira Resort Motel
80518216
Chow! A Taste of South East Asia (formerly Ocean Fresh)
81202869
Wauchope Hotel
80205060
Toddy’s
81204439
Mary River Roadhouse
80518166
The Verandah@Tipperary & Frying Nemo (formerly Christo’s Fish Café_
80304474
Plaza Karama Tavern
Licence Condition Variations
A licensee may apply to the Commission for a variation of the conditions of their licence. Licence
variations are sought for a number of reasons including:
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extension to the licensed area;
change to trading hours;
change of business name; or
variation of the licence conditions.
The Commission may conduct a Hearing in relation to a licence variation application if it considers
it to be in the public interest. The Commission approved 16 licence variations during 2012-13.
Table 9: Licence Condition Variations Approved during 2012-13
Premises
Licence Condition Variations
Nirvana Restaurant (Variation Conditions Extend Licensed Area to include rear veranda
and Material Alterations)
Fiddler’s Green
Extension of Trading Hours
Beswick Community Store
Removal of ID requirements
Wisdom Bar & Café (Material Alterations
and Variation to Licence Conditions)
Variation to Entertainment, Noise and Premises Concept conditions.
Mantra Pandanas
Removal of conditions pertaining to Liquor to be sold ancillary to a
meal and Service of Liquor by wait staff.
Inclusion of conditions pertaining to the appearance of the restaurant,
the promotion of liquor and functions.
The NT Rock Bar
Extension of trading hours from closing time of 01:00 to 02:00
Monte’s Lounge
Removal of licence condition “Liquor To Be supplied By Table
Service Only”
AWOF Sports
Extension of trading hours and change of business name
Rum Jungle Tavern
Extension of Takeaway Trading Hours
SKYCITY Darwin (Variation Conditions
and Material Alterations)
Vary liquor licence conditions in regard to the Sandbar, Main Gaming
Floor, Platinum Room and new Diamond Bar;
Vary liquor licence conditions in regard to the Monte Carlo,
International Room, new Horizon Private Room, Platinum Room and
Champagne Bar.
Inclusion of licensed conditions for the Marquee
SKYCITY Darwin
Inclusion of additional conditions for the SKYROOM
Mandorah Beach Hotel
Change licence from Roadside Inn (un serviced) to Public Hotel.
Litchfield Café
Increased licensed area to include adjacent shelter to existing licensed
area.
Il Lido
Increased licensed area to include other outdoor areas.
Wisdom Bar and Café
Variation to Entertainment, Noise and Premises Concept conditions.
12
Northern Territory Licensing Commission
Premises
Licence Condition Variations
Discovery
Remove the 106(1)(a) declaration for the Lost Arc only and issue a
106(1)(b) between the hours of 10:00 hours to 22:00 hours;
Remove the ID Scanning Requirement for the Lost Arc only between
the hours of 10:00 hours to 22:00 hours; and
Remove the 106(1)(a) declaration and ID Scanning Requirement for
Discovery to host all age/underage events.
Material Alterations
A liquor licensee may sometimes wish to amend the original floor plan of their venue, to introduce a
new bar or perhaps relocate an existing bar to another part of the venue, or overhaul the design of
the venue. Under the provisions of the Liquor Act, the licensee is required to seek a material
alterations approval from the Commission.
Applications, lodged with the Director of Licensing, are assessed by the Commission in
accordance with the objectives of the Liquor Act and the interests of the community. A Hearing may
be held if objections to the alterations are received.
Where a licensee carries out unauthorised alterations, the Commission has the power to direct that
the alteration is removed and the premise is restored to a satisfactory condition. A licensee may
also face disciplinary action for unapproved alterations.
Twenty premises applied for and were granted approval to conduct material alterations in 2012-13.
Table 10: Approved Material Alterations to Licensed Premises in 2012-13
Premises
Alterations Undertaken
Nirvana Restaurant (Variation
Conditions and Material
Alterations)
Extend licensed area to include rear veranda
Casuarina All Sports Club
Installation of a temporary bar
SKYCITY Darwin (Variation
Conditions and Material
Alterations)
Conduct material alterations s in regard to the Sandbar, Main Gaming Floor,
Platinum Room and new Diamond Bar; and
Conduct material alterations in regard to the Monte Carlo, International
Room, new Horizon Private Room, Platinum Room and Champagne Bar.
Wisdom Bar & Café (Material
Alterations and Variation to
Licence Conditions)
Construction of two shade sails within the perimeter of the beer garden;
Decking within the restaurant eating area which will be raised 300mm with
surrounding fencing to act as a visual barrier between the current
non-smoking and smoking areas provided;
Relocation of the existing reception area of Ashton Lodge to the front area of
the building;
Construction of a new building along the western side boundary to
accommodate the new reception area which will also include a stairwell and a
lift for disabled access to the 1st floor cocktail bar; and
Construction of a cocktail bar above the existing café area fronting Mitchell
Street, with male and female toilet amenities, which will increase the licensed
area.
Bar Zushi
Extension of licensed area to include Tenancy 113 and the Pergola area,
which were adjacent to the current tenancy.
Uncles Tavern
Refurbishment and extension of licensed area. Installation of CCTV.
Corroboree Park Tavern
Remove the existing outside bar service area on the eastern side of the
Tavern and in its place:
Build a combined walk-in bottle shop and liquor storage area which will be
accessible to the general public via the main bar area;
This walk in bottle shop/liquor storage area will extend the current building
three metres into the existing veranda area;
The veranda area falls within the existing licensed area;
All takeaway sales will continue to occur in the main bar area; and
There will be no changes to the current trading hours.
Annual Report 2012-13
13
Premises
Alterations Undertaken
Sails in the Desert Hotel, Yulara
Refurbishment of hotel accommodation and conference facilities
Café Terra Rosa, Alice Springs
Airport
Refurbishment undertaken and change of trading name from Bar Bistro,
liquor licence transfer
Alice Springs RSL Club
Refurbishment of premises.
Litchfield Café
Construction of new premises.
Palmerston Tavern
Installed veranda structure to extend the current bottle shop roofline a further
six (6) metres.
Darwin Airport Terminal
(Stage 1)
The material alterations to the Main Bar and Aromas Café locate on the first
floor domestic area of the Darwin Airport Terminal;
The set-up of a portable modular style temporary café positioned in a section
of Aromas Café along with tables and chairs;
The extension to the licensed area positioned adjacent to gate 3A;
The set-up of a temporary bar in the style of a secure cart to be located in the
extended licensed area;
The change of name from Aromas Café to Bumbu Restaurant; and
The change of name from Velluto Café to the Espresso Bar, located on the
ground floor arrivals and first floor international area.
Darwin Airport Terminal (Stage 2)
The material alterations to the Espresso Bar located on the ground floor
arrivals area of the Darwin Airport Terminal;
The set-up of a portable modular style temporary café positioned to the right
of the Espresso Bar café; and
The permanent extension to the licensed area adjoining the café which will
extend adjacent to the security screening point (approximately 30 metres)
and include the bay windows;
Anula Foodland
One cool room opened up and converted to the display area with shelves.
Beachfront Hotel
Relocation of gaming machines.
Beachfront Hotel
Alterations to be undertaken to facilitate works required for an upmarket
restaurant.
Special Liquor Licences
Special Liquor Licences are generally approved for ‘one-off’ events, such as the Italian Festival
held in early 2013, but may also be approved for events that occur on an annual basis, such as the
Darwin Beer Can Regatta. Applications for special licences are usually made by service and
sporting clubs or by community organisations wanting to conduct fund raising. Special Liquor
Licences are subject to any special conditions as specified by the Commission including security
provisions where appropriate.
Table 11: Total Special Liquor Licences Issued in 2012-2013 in comparison with 2011‑2012
Special Liquor Licences Issued
TOTAL
2011-12
2012-13
319
330
Continuing Special Licences
Continuing Special Licences are generally for the purpose of regular repeated events such as
social clubs and specialised entertainment venues such as Browns Mart. Continuing Special
Licences are subject to a number of conditions including maximum trading hours of 30 hours per
week. Conditions are tailored to the nature and purpose of the licence and the majority of staff
employed in the service of alcohol are generally volunteers or committee members.
14
Northern Territory Licensing Commission
The Director of Licensing holds the delegation to approve Continuing Special Licences and they
are only referred to the Commission in special circumstances or in the review of the Director’s
decision.
Table 13: Total Continuing Special Liquor Licences issued in 2012-2013 in comparison with 2011-2012
Continuing Special Liquor Licences Issued
TOTAL
2011-12
2012-13
87
97
2011-12
2012-13
59
56
Table 12: Total Special Event Permits Received for Public Restricted Areas
Special Event Permits Received for Public Restricted Area
TOTAL
Liquor Permits
To help control the consumption of liquor in remote Indigenous communities and public spaces, the
Commission has the power to declare an area as a restricted area in which liquor may only be
consumed, possessed, sold or disposed of under a permit or licence.
The majority of remote Indigenous communities in the Northern Territory are ‘dry communities’
which prohibit the possession and consumption of liquor, however a few operate a permit system.
This means that to consume liquor legally in the community, an individual must have a liquor
permit.
While the Commission ultimately approves a liquor permit, communities are encouraged to
establish a permit committee (generally made up of key community residents plus representatives
from police and health) to assess the suitability of the applicant for a permit.
Should an application be approved by the Commission, the person will be granted a permit for a
period of 12 months, and will be required to abide by any liquor-related conditions that exist in the
community. For instance, that community residents may be restricted to 12 cans of beer a day, or
that only light beer is to be made available in the community.
Applicants are required to reapply for their permit and any liquor-related issues caused by the
holder within the community will often see their renewal rejected. Permits may be revoked at any
time should the holder be found to be causing issues at community level due to their consumption
of liquor. The holder may appeal the decision to the Commission to have their permit revoked.
Table 13: Liquor Permit Activity for Restricted Areas for 2012-2013 period in comparison with 2011-2012
Permits
2011-12
2012-13
4,272
2,966
Revoked
118
143
In Effect*
9,681
9,352
Issued
* In effect as at 30 June 2013.
Annual Report 2012-13
15
East Arnhem – Liquor Permit Systems
Alcohol management systems in the East Arnhem region have proved to be an effective way to
manage alcohol at a community level.
Groote Eylandt
In July 2005 the Groote Eylandt community established a liquor permit committee to support the
liquor permit system. Committee membership includes key stakeholders from relevant Territory
and Australian Government agencies, Indigenous Elders, community councils, BHP Billiton (owner
of the local GEMCO mine), and industry including local licensees. The community has seen a
significant reduction in alcohol-related crimes since the liquor permit system was introduced and
also a significant improvement in social function and community harmony. Much of this success
can be attributed to the ongoing commitment and work of the permit committee.
Gove
In March 2008 a permit system for the purchase of takeaway liquor was introduced. Building on the
successes of the Groote Eylandt permit committee, three committees were established to support
the permit system. Permit committees are located in Ski Beach, the township of Nhulunbuy and
Yirrkala. Similar to the Groote Eylandt model, membership includes key community stakeholders
and administrative support is provided by the NT Department of Business. The level of
alcohol-related crime and antisocial behaviour has fallen since the introduction of the liquor permit
management system.
Restricted Areas
There are provisions in the Liquor Act that allow the Commission to declare an area a restricted
area under which the consumption, possession, sale or disposal of liquor may only occur under a
permit or licence. There are a variety of declarations available to the Commission with the most
common being:



General Restricted Area – which controls the type and amount of liquor permitted in an area
and is generally used by Indigenous residents wanting to control liquor consumption in their
community;
Public Restricted Area – aimed at reducing the incidents of public drinking and the
associated antisocial behaviour; and
Private Restricted Area – used to control the consumption of liquor in, and on, private
premises.
Other types of restricted areas (ie Special Restricted areas, Designated Areas and Alcohol
Protected Areas) may be imposed at the discretion of the responsible Northern Territory or the
Federal Minister. When considering applications, the Commission is required to ascertain the
opinions of relevant parties including residents, licensees and shire councils.
General Restricted Areas
Public Restricted Areas
Private Restricted Areas
Declared by Licensing
Commission after extensive
consultation with affected
community.
Declared by Licensing
Commission with consent of
majority of occupiers.
Declaration
Declared by Licensing
Commission after extensive
consultation with affected
community.
Offences
It is an offence to bring, have, It is an offence to consume
consume or sell liquor, without liquor without a permit.
a licence or a permit.
16
Northern Territory Licensing Commission
It is an offence to possess,
consume or bring liquor into /
onto the private premises.
General Restricted Areas
Penalties*
Public Restricted Areas
Maximum 100 penalty units or 20 penalty units
6 months imprisonment
Confiscation/tip out of liquor
Discretionary seizure of
vehicle
Private Restricted Areas
Maximum 100 penalty units or
6 months imprisonment.
Confiscation/tip out of liquor
* A Penalty unit is currently $144
Table 16: Type and number of restricted areas/premises in 2012-2013 in comparison with 2011-2012
Type of Alcohol Restricted Areas Declared by Commission
General
2011-12
2012-13
112
0
9
0
Private Restricted Premises (private homes and buildings)
497
515
TOTAL
618
515
Public
Annual Report 2012-13
17
Kava Licensing
History
Kava is a drug made from the ground roots of the plant Piper methysticum, a member of the pepper
family and is consumed as a drink or supplement. The crushed, ground or powdered root is added
to water and drunk like tea. In small doses, its effects include muscle relaxation, sleepiness and
feelings of wellbeing. However, long-term use of kava can lead to a range of health problems
including malnutrition, weight loss and apathy.
In the early 1980s, kava was brought to Eastern Arnhem Land in the Northern Territory as a
substitute for alcohol. Kava was sold through retail and wholesale licences approved by the
Commission under powers granted via the Kava Management Act which was introduced in 1998 to
control the ever growing popularity of the drug, especially in remote Indigenous communities.
In July 2007, when introducing the Northern Territory Emergency Response Act (NTER), the
Federal Government banned the commercial importation of kava (except for pharmaceutical and
research purposes) which effectively dismantled the Northern Territory licensing scheme.
Under current laws, kava quantities not exceeding 2 kilograms may be imported by persons 18
years and over who are returning from overseas, provided it is for personal use only.
The demand for kava in remote communities continues, resulting in a strong black market, and NT
Police make regular arrests which can include the seizure of vehicles transporting the drug. Over
2 tonnes of kava were seized by police in the financial year ending 30 June 2013.
The Commission utilises its powers under the Kava Management Act to make decisions regarding
the disposal of kava and related property seized by police. In 2012-13, 12 vehicles were seized
with three returned to their owners following investigations.
Table 14: Vehicles Seized with Kava and Kava Destroyed during 2012-2013 in comparison with 2011-2012
2011-12
2012-13
Vehicles not returned to applicant and approved for destruction or tender
by Chairman
5
9
Vehicles returned to applicant by Minister
3
3
Matters still outstanding
11
9
Order of destruction for kava by Chairman
25
29
2,207
2,104
Seized kava destroyed (kilos)
18
Northern Territory Licensing Commission
Gaming Machine Licensing
Legislation
The principal functions of the Commission pursuant to the Gaming Machine Act are:





determination of applications for all gaming machine licences;
determination of the number of gaming machine licences;
approval of tenders for the supply of gaming machines and games contained therein;
issue of directions to licensees in relation to the conduct of gaming and the administration
of licensed premises; and
disciplinary action against licensees, including the power to suspend or cancel a licence.
The Gaming Machine Act does not apply to the NT’s two casinos.
The stated objectives of the Gaming Machine Act are to:



promote the responsible operation and use of gaming machines, ensure the honesty and
integrity of participants in the gaming industry,
ensure the fairness of games, the integrity of gaming systems and the delivery of quality
services to game players, and
ensure that clubs holding gaming licences will improve the amenity of their neighbourhoods
in order to maximise the welfare of the community as a whole.
Responsible Operation and use of Gaming Machines
Code of Practice for Responsible Gaming was developed by a working party consisting of
government, industry and social service providers as a measure to promote the responsible
operation and use of gambling facilities. Adoption of the code began on a voluntary basis but in
June 2006, was gazetted and became mandatory for all NT gambling providers including sports
bookmakers. The Gambling and Licensing Services Division within the Department of Business is
in the process of reviewing the code to ensure it remains effective and also takes into account
reforms at a national level.
Probity and Industry Participants
In order to ensure the honesty and integrity of the gaming machine industry, the Director of
Licensing conducts extensive probity checks (including a fingerprint search and criminal history
check) and a financial assessment of all gaming machine licence applicants before they are
referred to the Commission for approval.
The Commission must be satisfied as to the suitability of every applicant before granting a licence
and all persons employed in the industry, including machine managers and repairers of gaming
machines, require licences.
Annual Report 2012-13
19
Community Impact
As a measure to reduce the harm associated with gaming machines, an applicant must submit a
community impact analysis with their gaming machine licence application.
The aim of the analysis is to allow the Commission to assess:




the suitability of the premises in relation to the size, layout and facilities for the proposal with
due regard to the population of the area, the proximity to other gaming venues and the
proximity to sensitive areas (such as schools);
whether or not the premises is a hotel or club;
the proposed problem gambling risk management and responsible gambling strategies;
and
the economic impact of the proposal.
When assessing the community impact, the Commission must also take into account any
submissions made by the community.
Community Contribution
Clubs with gaming machines are required to contribute to their neighbourhood amenity and report
thereon to the Director of Licensing. Contributions towards the development of a club’s
neighbourhood may take various forms including improvements to the club’s facilities and services
and donations to local community, recreational or service organisations.
All gaming machine venues, aside from clubs and the casinos are required to contribute 10% of
their gaming machine gross profits to the Community Benefit Fund. This is known as the
Community Benefit Levy.
The Community Benefit Fund provides funding support for gambling related research and
amelioration programs concerned with problem gambling, as well as community benefit grants
which provide assistance for general community development and improvement purposes.
Gaming Machines Cap
In July 2008, the number of gaming machines approved to operate in community venues (hotels
and clubs) was capped at 1190 by the government.
20
Northern Territory Licensing Commission
Distribution of Gaming Machines
The distribution of gaming machines is monitored on a regional basis. The southern region refers
to all gaming machine licensed venues in the Alice Springs and Tennant Creek areas. All other
venues are included in the northern region
Table 15: Gaming Machine Distribution in the Southern and Northern Regions for 2012-13 in comparison to the
2011-12 period
2011-12
2012-13
Northern Region
572
350
922
Southern Region
181
78
259
TOTAL
753
428
1,181
Northern Region
572
350
922
Southern Region
181
78
259
TOTAL
753
428
1,181
Gaming Machine Industry Performance in Clubs/Hotels
The performance of community-based gaming machines has been monitored on a monthly basis
since the introduction of cash-paying gaming machines in 1996.
During 2012-13, the average gross profit per machine per day was $141 compared to $144.78 in
2011‑12. Gaming machine gross profit has decreased by 2.45% to $61.135 million in 2012-13,
down from $62.674 million in 2011-12.
Table 16: Gaming Machine numbers, Gross Profits and Tax Paid by Clubs in 2012-13
Name of Clubs
+Alice
Springs Golf Club
Number of
Approved
Machines
Gross Profit
($)*
Gaming Tax
($)
8
7,203
933
45
0
0
24
17,005
2,199
8
25,158
3,248
Alyangula Recreation Club
15
722,430
153,509
Buff Club
16
619,703
129,974
Casuarina All Sports Club
45
6,146,447
2,265,440
Cazalys Palmerston
45
5,145,716
1,836,027
Club Eastside
14
968,127
210,602
3
20,426
2,637
13
127,883
18,756
6
65,170
8,413
Darwin RSL Services And Social Club
30
1,516,126
366,957
Darwin Sailing Club
10
44,641
5,763
Darwin Trailer Boat Club
10
143,802
21,601
Gillen Club
45
2,052,379
545,913
Gove Country Golf Club
12
113,242
16,443
++Alice
Springs Memorial Club Inc
Alice Springs RSL Club
Alyangula Golf Club
Darwin Bowls and Social Club
Darwin Golf Club
Darwin North RSL Services Club
Annual Report 2012-13
21
Name of Clubs
Number of
Approved
Machines
Gross Profit
($)*
Gaming Tax
($)
Humpty Doo & Rural Area Golf Club
10
207,913
35,868
Jabiru Sports & Social Club
17
663,033
139,901
Katherine Club
45
1,651,648
411,557
Katherine Country Club
35
2,400,218
668,583
Katherine Sports & Recreation Club
19
550,755
114,178
Nightcliff Sports Club
22
1,553,187
379,154
Palmerston Golf & Country Club Inc
22
508,010
104,385
Palmerston Sports Club
45
4,588,674
1,597,000
PINT Club
24
567,565
118,029
Sporties Club Inc
16
575,625
119,876
St Marys Football Sporting and Social Club
30
730,108
155,268
Tennant Creek Bowling Club Inc **
4
0
0
Tennant Creek Memorial Club Inc
25
1,339,677
309,826
The Arnhem Club
45
2,923,842
883,070
Tracy Village Social & Sports Club
45
4,218,951
1,438,352
753
$40,214,665
$12,063,461
TOTAL
*
While this column is titled ‘Gross Profit’ to reflect the Act’s defined term, the figure actually represents the net loss by players.
It represents the revenue flow from gaming machine operations to the venue. Note: Gaming tax is the amount generated in
the period specified, not the amount received.
**
Tennant Creek Bowling Club had limited trade during the period due to it not being viable to operate the machines.
+
Alice Springs Golf Club machines have been in storage since January 2013.
++
Alice Springs Memorial Club In – closed, liquor licence remains in suspension premises for sale.
Note: Columns may not add due to rounding.
Table 17: Gaming Machine Details in Hotels for 2012-13
Name of Hotels
Aileron Roadhouse
Number of
Approved
Machines
Gross Profit
($)*
Gaming Tax
($)
Community
Benefit Levy
($)
4
1
0
0
10
1,187,706
266,699
118,771
Ayers Rock Resort Residents Club
3
57,614
7,438
5,761
+Barkly
5
-
-
-
Beachfront Hotel
10
872,621
187,918
87,262
Corroboree Park Tavern
10
127,941
18,816
12,794
Dowlings Parap Village Tavern
10
1,154,200
254,885
115,420
Ducks Nuts Bar & Grill
10
255,177
46,461
25,518
Gapview Resort Hotel
10
286,752
53,695
28,675
Globetrotters Lodge
10
349,808
68,141
34,981
Goldfields Hotel
10
300,677
56,885
30,068
Heavitree Gap Tavern
10
159,847
24,906
15,985
Airport Hotel
22
Homestead
Northern Territory Licensing Commission
Name of Hotels
Number of
Approved
Machines
Gross Profit
($)*
Gaming Tax
($)
Community
Benefit Levy
($)
Hibiscus Tavern
10
1,173,084
264,168
117,308
Hidden Valley Tavern
10
604,988
126,603
60,499
Howard Springs Tavern
10
718,154
152,529
71,815
Humpty Doo Hotel Motel
10
652,018
137,377
65,202
Humpty Doo Tavern
10
1,357,037
314,985
135,704
Katherine Hotel
10
691,442
146,409
69,144
Kitty O’Sheas Irish Bar - Cafe and Nightclub KO Bar
10
7,551
975
755
Litchfield Hotel
10
501,968
103,001
50,197
Mataranka Hotel
10
206,260
35,254
20,626
Monsoons
10
663,069
139,909
66,307
Noonamah Tavern
10
314,639
60,084
31,464
Palmerston Tavern
10
731,414
155,567
73,141
Pine Creek Hotel
10
361,812
70,891
36,181
Plaza Karama Tavern
10
1,411,895
333,755
141,190
Quality Hotel Frontier Darwin
10
651,006
137,145
65,101
Rum Jungle Motor Inn
10
57,443
7,416
5,744
Rum Jungle Tavern
10
491,060
100,502
49,106
Shenannigans Irish Pub
10
686,223
145,214
68,622
Squires Tavern / The Time Nightclub
10
318,839
61,046
31,884
Stuart Hotel
10
219,824
38,362
21,982
Tennant Creek Hotel
10
92,321
12,946
9,232
The Arch Rival Bar & Grill
10
453,894
91,987
45,389
The Cavenagh
10
391,133
77,609
39,113
The Deck Bar
10
239,943
42,971
23,994
The Fox Ale House
10
184,157
30,718
18,416
The Victoria Hotel
10
224,644
44,466
22,464
6
707
91
71
Todd Tavern
10
410,451
82,034
41,045
Top End Hotel
10
442,102
89,285
44,210
++
10
-
-
-
Virginia Tavern
10
805,743
172,596
80,574
Walkabout Tavern
10
564,459
117,317
56,446
Winnellie Hotel
10
539,135
111,516
53,914
428
$20,920,759
$4,390,573
$2,092,076
Threeways Roadhouse
Town & Country Tavern
TOTAL
*
While this column is titled ‘Gross Profit’ to reflect the Act’s defined term, the figure actually represents the net loss by players.
It represents the revenue flow from gaming machine operations to the venue. Note: Gaming tax is the amount generated in
the period specified, not the amount received.
Annual Report 2012-13
23
+
Barkly Homestead recorded nil activity in 2012-13 as machines were not operating due to inability to secure cost-effective
maintenance.
++
Town and Country Tavern – closed, liquor licence remains in suspension, premises for sale
Note: Columns may not add due to rounding.
Northern Territory Community Gaming Machine Performance, Summary for 2012-13
Venue
Clubs
753
405,551,568
40,214,665
12,063,461
0
Hotels
428
206,252,791
20,920,759
4,390,573
2,092,076
1,181
611,804,359
61,135,424
16,454,034
2,092,076
TOTAL
24
Turnover
$
Gross Profit
$
Gaming Tax
$
Community
Benefit Levy
$
Number of
Machines
Northern Territory Licensing Commission
Private Security Licensing
The Private Security Act empowers the Commission to grant licences to individuals and firms who
wish to conduct security related activities. There are three different types of licence available under
the Act:



Crowd Controller – employed to control and monitor the behaviour of people, screen people
seeking entry to places and remove people because of their behaviour;
Security Officer – employed to patrol or guard another person’s property
Security Firm – a person or partnership that engages in the business of supplying the
services of security officers or crowd controllers to other people.
Individuals can hold a Crowd Controller and Security Officer licence at the same time. This is
known as a ‘dual’ licence.
The majority of licence approvals are made by the Director of Licensing. Licences are granted for a
period between one and three years. Licence applications are referred to the Commission in cases
where the grant or refusal of a licence is outside the scope of Director’s authority or where the
application is contentious. The Commission has broad powers to impose conditions on licences
including reporting, training or employment requirements. No licence is issued prior to an applicant
undergoing a detailed criminal record check.
Applications are automatically refused where applicants have disqualifying offences and are often
refused if the applicant has committed crimes of violence or drug-related offences. Applicants with
disqualifying offences may appeal to the Local Court which has discretion to grant licences where
the Commission cannot.
During the reporting year there were two appeals against a Commission decision not to grant a
dual Crowd Controller and Security Officer licence, both involving unspent convictions. The
Magistrate in one appeal granted the Security Officer licence but not the Crowd Controller licence.
In the other appeal a dual licence was approved by the Magistrate.
Private Security Licensing Hearing Decisions
Table 18: Commission Hearings relating to Private Security Licensing
Nature of Hearing
Decision Date
Decision
Complaints pursuant to Section 53A
Private Security Act
11/07/2012
Dual Licences cancelled
Show Cause Notice pursuant to Section 27A
Private Security Act
04/09/2012
Security Officer Licence suspended
one week suspension fully
suspended three months
Complaint pursuant to Section 53A
Private Security Act
12/09/2012
Fine $300
Complaints pursuant to Section 53A
Private Security Act
27/09/2012
Fine $350
Determination appropriateness to hold Security
Licence pursuant to Section 15(3)(b)
Private Security Act
27/09/2012
Caution and Licence issued for three
years
Complaint pursuant to Section 53A
Private Security Ac
11/10/2012
Reprimand
Complaints pursuant to Section 53A
Private Security Act - Review
19/10/2012
No further penalty
Annual Report 2012-13
25
Nature of Hearing
Decision Date
Decision
Complaints pursuant to Section 53A
Private Security Act - Review
05/11/2012
Penalty not required
Complaint pursuant to Section 53A
Private Security Act
21/12/2012
Crowd Controller suspended six
months. Last three months
suspended for 12 months
Complaint pursuant to Section 53A
Private Security Act
05/04/2013
Security Licences suspended and
Hearing adjourned
Complaint pursuant to Section 53A
Private Security Act
23/07/2013
Security Licences suspended for
three months, suspension suspended
for 12 months
Provision of Complaints
The Private Security Act provides a formal complaint process, enabling any person to lodge a
complaint against a security provider. The most common complaint against licence holders is the
use of undue force in carrying out crowd controller duties. The Commission determines such
complaints, with penalties ranging from a reprimand or fine, to the suspension or cancellation of a
licence when it is considered that the Licensee is no longer an appropriate person to hold a licence
when viewed against the criteria of the Act.
The Act provides for the Commission to immediately suspend or cancel a licence where it is shown
to be in the public interest. This generally occurs when a licence holder is charged with a
disqualifying offence and may remain in place until the determination of the charge by the
appropriate court.
In consideration of the public interest, and as a deterrent to licensees, the Commission publishes
penalty decisions for persons licensed under the Private Security Act. Published decisions can be
viewed at
http://www.dob.nt.gov.au/gambling-licensing/licensing-commission/hearings-decisions/Pages/sec
urity-decisions.aspx.
Licence Numbers
The Act requires a Crowd Controllers’ Register and a Security Officers’ Register to be maintained
listing all full licence and provisional licence holders. A full licence holder will have completed an
approved training course. Provisional licence holders generally obtain the qualification required to
become a fully licensed officer during the provisional period of three months. A provisional licence
may be issued to an applicant on the basis that he or she attends an approved training course and
on the condition that they are supervised at all times while on duty.
No licence is issued prior to an applicant undergoing a detailed criminal record check.
26
Northern Territory Licensing Commission
Private Security Licences
Table 19: Private Security Licences in Force as at 2012-13 in comparison with 2011-12
Type of Licence
2011-12
2012-13
1,537
1,515
Sole crowd controller
112
93
Sole private security officers
225
175
79
76
1,953
1,859
Dual security/crowd controller
Security firm
TOTAL
Mutual Recognition
Under the Mutual Recognition Act (Commonwealth), the Commission is required to recognise the
registration of a person in another state or territory, as a security officer or crowd controller, by
issuing that person with the equivalent Northern Territory licence.
Issues sometimes arise when an applicant, who would not otherwise qualify for a licence under the
Private Security Act, is granted a licence under the mutual recognition process. The issue normally
stems from the applicant having an unacceptable criminal record. In these cases, the Commission
has issued the licence as required by the Mutual Recognition Act, then taken immediate action
under the Private Security Act to challenge what is then a local licence.
Table 20: Licences Issued under the Mutual Recognition Act in 2012-13 in comparison to 2011-12
Licence Type
2011-12
2012-13
Crowd Controller
12
11
Security Officer
20
21
Dual Licence
154
107
TOTAL
186
139
Annual Report 2012-13
27
Escort Agency Licensing
The Commission may grant licences to operators and managers of escort agencies under
provisions contained in the Prostitution Regulation Act. The Commission interviews all applicants
for new licences in order to assess their suitability to hold a licence. People with previous sexual,
violence or drug-related offences may be ineligible to hold a licence or, depending on the offence,
deemed to be unsuitable by the Commission. Licences are subject to annual renewal.
There are two Escort Agency Operators’ Licences and one Escort Agency Manager Licences
current as at 30 June 2013.
Totalisator Licensing
The Totalisator Licensing and Regulation Act provides for the Commission to issue totalisator
licences in the Northern Territory. There is currently only one totalisator licence in operation in the
Northern Territory - NT TAB. The Commission also has the authority to approve additional or
substituted totalisator agencies.
There are 56 TAB outlets, consisting of 9 agencies, 44 club/pub licensed outlets and 3 on-course
TAB outlets.
The Totalisator Licensing and Regulation Act provides a public complaint mechanism in relation to
the conduct of a totalisator licensee, with complaints investigated and determined by the
Commission. The Commission has a range of penal powers ranging from a reprimand or fine, to
cancellation of the licence.
No complaints were received during 2012-13.
Table 21: On-course and Off-course Wagering Turnover Figures for 2012-13 by comparison with 2012-13.
2011-12
$M
2012-13
$M
On-course
12,989
12.912
Off-course
124,372
108.609
*TOTAL
137.361
121.521
Wagering turnover
* Further details of taxation raised are contained in Northern Territory Treasury’s annual report (www.nt.gov.au/ntt/annual_report.shtml)
Tobacco Licensing
The Commission’s role under the Tobacco Control Act is limited to reviewing refusals by the
Director of Licensing to grant, transfer or vary a licence, and any decision where the Director of
Licensing suspends or cancels a licence. The Tobacco Control Act requires reviews to be
conducted in a fair and expeditious manner via a hearing and with due consideration of all the
issues.
No applications for review were lodged with the Commission in the reporting period.
28
Northern Territory Licensing Commission