Court to rule on poker machines

Australia -- THE Supreme Court has reserved its decision on whether an injection of poker machines into the central Victorian town of Romsey goes ahead.

The Macedon Ranges Shire has fought the Romsey Hotel’s decision to install 30 electronic gaming machines.

The Victorian Commission for Gambling Regulation originally refused the request, but the hotel had the decision overturned in the Victorian Civil and Administrative Tribunal this year.

This week the shire took the case to the Supreme Court.

Cr John Connor said yesterday a Supreme Court decision to ban the machines would set a precedent based on community concerns.

‘‘It would give a lot more weight to community feeling in future decisions,’’ he said. ‘‘The community does not want those machines in Romsey and that’s been disregarded.’’ Cr Connor claimed 53 poker machines in nearby Kyneton took $4 million in 10 weeks.’’ That comes from the pockets of the people in the town,’’ he said.

Fellow Macedon Ranges councillor Tom Gyorffy, Victoria’s most experienced Crown prosecutor, sat in on part of the proceedings when the case was heard in the Supreme Court on Monday.

Cr Gyorffy said he felt confident the council presented a good case.

‘‘I thought the court was very interested in the arguments and listened very carefully,’’ he said.

‘‘I thought the arguments got a good airing and hearing.

‘‘They (the judges) could see there was some merit.’’ Cr Gyorffy said the council presented three arguments.

The first was that councils ought to be allowed to take into account community opinions. The second related to planning laws and the third to the definition of a shopping centre strip used by VCAT’s former chairman, Justice Stuart Morris last January.

He dismissed the council’s argument that the poker machine application should not be allowed because it was in a shopping area.

‘‘It is difficult to determine the issue of whether an area is one in which a significant proportion of the buildings are shops in isolation from identifying the area itself,’’ Justice Morris said.

‘‘It might be that by adjusting the area it becomes one in which a significant proportion of the buildings are shops, or by expanding the area it no longer becomes one in which a significant proportion of the buildings are shops.’’ Cr Gyorffy said he was disappointed by Justice Morris’ shopping strip interpretation.

‘‘His view doesn’t fit into rural living,’’ he said.

‘‘It wasn’t suited to living in rural communities.’’ Cr Gyorffy said a new gaming permit would be issued if the Supreme Court ruled Justice Morris’ interpretation was correct.

He said the judges had ‘‘understood’’ the public opinion point.

Romsey Hotel owner Jim Hogan agreed the court’s decision - to be handed down next year - would create a precedent, but declined to comment.

‘‘For anyone to comment on the case is discourteous to the Supreme Court of Victoria,’’ he said.

News Added: 28 November, 2007

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