Modernisation of Jersey’s Gambling Legislation (P.62/2004) - amendments

STATES OF JERSEY

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MODERNISATION OF JERSEY'S GAMBLING LEGISLATION (P.62/2004): AMENDMENTS

Lodged au Greffe on 22nd June 2004 by Senator E.P. Vibert

STATES GREFFE

MODERNISATION OF JERSEY'S GAMBLING LEGISLATION (P.62/2004): AMENDMENTS ____________

1. In paragraph (a), after the words "casino gambling" insert the words "on a site on the St. Helier Waterfront, and with the casino being subject to the conditions set outinparagraph 5 of the reportof Senator E.P. Vibert dated 22nd June 2004".
2. In paragraph (b), after the words"on-linegambling" insert the words "operated through the casino tobe established in accordance with paragraph (a) above".
3. In paragraph (d), for the word"Gambling" substitute the word"Gaming" and for the words"with the terms of reference of the Commission to beestablished by the States" substitute the words"with the Commissiontobe established and operatedin accordance with the principles set out in paragraph 8 of the report of Senator E.P. Vibert dated 22nd June2004".
4. For paragraph (f) substitute the following paragraph –

"( f ) t o agree that the Gaming Commission shall be funded from levies imposed by the Commission for

gaming licences and from the taxation obtained through gaming activities."

5. After paragraph  (f) insert the following new paragraph –

" (g ) to agree that a fund to be known as the Gaming Trust Fund', should be established comprising a Chairman, two members of the States and three other persons (with the Chairman and members being appointed by the States), for the purpose of administering funds to provide professional help to persons who get into difficulties as a result of excessive gambling, with the Fund to receive the required sums for its operation through a 1% levy on gross profit (namely turnover less pay-out) from all gaming devices operated in the Island."

SENATOR E.P. VIBERT

REPORT

1. I a m bringing forward these amendmentsbecause I firmly believe that "in-principle proposals" – where the vital detail is omitted and therefore not debated – is a dangerousway for the Assembly to make decisions.
2. T h i s has been clearly illustrated bythepublic debate so far on the proposition presented by the Economic DevelopmentCommitteeon casino and relatedgaming issues. Manyopinions have been expressed, on both sidesof the argument,without relating the argument in any waytowhat type ofcasino Jersey might want orneed,where it shouldbe located, what type ofgaming should take place there, what type of controls shouldbe instituted to limit anysocialdamage,howcriminals can be kept out, how money laundering can be eliminated and so on.
3. O n ly when that detail is decided, can a proper assessmentbemadeabout the likely impactspecific changes togaminglaws will haveon the Island. Without this specific detail ofwhatthe changes aregoing to be, a debate is meaningless.
4. T h e purpose of these amendments is to make the whole proposition specific rather than sweeping generalities, wrappedupin "in principle" decisions. The amendmentsare specific, detailed and focussed and will enable States members – and the publicof the Island – to fully understand all theimplicationsof the decisionswearemaking.

Amendment 1

5. T h i s amendment will allow a casino in Jersey, only on the Waterfront (and nowhereelse) in a complex that must provide, as a condition of a licence,thefollowing –

(a ) a m inimum of 50 hotel rooms of international standard with ancillary facilities such as lounges,

bars and dining room separate from the casino area;

(b ) w i thin the casino complex, a maximum of 20  tables will be permitted, where various casino games

may be played such as roulette, blackjack, craps, two-up and boule;

(c ) a m aximum of 200 gaming machines with a maximum stake of £2 and a maximum jackpot of

£10,000;

(d ) th e following facilities must be included in the complex – at least 3 restaurants offering different

varieties of food, an alcohol-free discotheque for under-18s; a discotheque catering for over-40s and a 500-seat auditorium fully equipped for cabaret-style shows, all facilities which Jersey desperately needs;

( e ) t h e operating company awarded the licence to operate the Jersey casino must be licensed to

operate a casino by any one of the following gaming jurisdictions – Australia (New South Wales, Victoria or Queensland), Las Vegas, New Jersey or the United Kingdom;

(f ) a ll gaming equipment of any type used in the casino must have a certificate of approval from any

of the Authorities quoted in sub-paragraph  (e) above;

( g ) a l l gaming personnel involved in gaming in the casino – managers, supervisors, croupiers,

suppliers of equipment and maintenance staff (of equipment) must have an appropriate licence issued by any of the Authorities quoted in sub-paragraph  (e) above;

(h ) al l other staff employed must be subject to a local police check; (i ) o p e ning hours will be from 11  a.m. to 4  a.m.;

(j ) t h e casino will not be permitted to use gambling revenue to cross-subsidize accommodation rates,

food, liquor or entertainment without the consent of the Gaming Commission.

Amendment 2

6. T h e purposeof this amendmentis to ensure that if any licence is tobegiven to anorganisation to setupan operation to run on-line gambling that itshouldbethroughthecasinolicence.

Amendment 3

7. T h isamendmentgives precise detailofhowthe Commission mustbe constituted, commencing with changing the nameto a "GamingCommission" The Commissionshould consist of a Chairman,who should be a States member,and be appointedby the States; 2 other States members,appointedby the States, a memberof the Tourism Board, and a member representing organisations such as the Salvation Army, the Citizens AdviceBureau, the Samaritans or similar bodies.
8. T h e Commissionwill operate within the following guidelines –

(a ) T h e Gaming Commission will regulate all gaming activity in the Island to ensure that all forms of

gaming are fair to all participants, honest, free of criminal activity and that any social harm likely to occur is reduced to the minimum by regulation and control.

(b ) N o one under the age of 18 will be permitted to enter any area where gaming takes place. (c ) N o one will be permitted to use a credit card or be given credit in any gaming activity.

(d ) N o cash points will be permitted within 100  yards of a place where gaming takes place.

(e ) O n ly slot machines owned by a States owned company can be used in any gaming outlet-except in

the casino.

( f) S l ot  machines,  if  operating  outside  of the  casino, will  be  limited  to  low-stake,  low-jackpot

machines where the emphasis is on entertainment rather than gaming.

(g ) T h e Commission will be responsible for the production and distribution of literature promoting

responsible gaming and will be responsible for all people working in the gaming industry to be trained in recognising people with gambling problems.

(h ) A n y person who is a relative or friend of a person believed to be getting into financial problems

will be able to appear before the Commission and have the person affected banned from all gaming outlets, including bookmakers' establishments.

Amendment 4

9. T h i s amendment enables the Commission to calculate thefees and levies itwillbecharge for the various licences it willissuetofund its operation, so that nofunds need be provided from the public purse.

Amendment 5

10. T h isamendmentsetsup a GamingTrust Fund to be established asoutlined to administer a fund to provide professional help to persons getting into difficulty as a result of excessive gambling,the fund to be financed by a levy of 1% on gross profit (namely turnover less pay-outs) from all gaming devices/operations licensed in the Island.

Financial and manpower implications

11. W  hilst theseamendments will require certainextra staffing to administer the GamingCommission,there would beno financial implications for theStatesas the costs would berecovered from levies and fees charged by the Commission and the GamingTrustFund is self-financing as explained above.