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3 Protection of children and other vulnerable persons

3.6.3 - Casino

Applies to:

All non-remote casino licences

Ordinary code

These do not have the status of operator licence conditions but set out good practice. Operators may adopt alternative approaches to those set out in ordinary code provisions if they have actively taken account of the ordinary code provision and can demonstrate that an alternative approach is reasonable in the operator's particular circumstances; or that to take an alternative approach would be acting in a similarly effective manner. Ordinary codes of practice are admissible in evidence in criminal or civil proceedings and must be taken into account in any case in which the court or tribunal think them relevant, and by the Commission in the exercise of its functions; any departure from ordinary code provisions by an operator may be taken into account by the Commission on a licence review, but cannot lead to imposition of a financial penalty.

  1. Licensees who employ children (under-16-year-olds) and young persons (those aged 16 and 17) should be aware that it is an offence:

    1. to employ them to provide facilities for gambling;
    2. if gaming machines are sited on the premises, for their contracts of employment to require them, or for them to be permitted, to perform a function in connection with a gaming machine at any time; and
    3. to employ them to carry out any other function on casino licensed premises while any gambling activity is being carried on in reliance on the premises licence (except that they can be employed on a part of regional casino premises when that part of the premises is not being used for the provision of facilities for gambling).
  2. As to 1b, it should be noted that in the Commission’s view the relevant provision of the Act applies to any function performed in connection with a gaming machine. This includes servicing or cleaning such a machine.

  3. Accordingly, licensees should have and put into effect policies and procedures designed to ensure that:

    1. children and young persons are never asked to perform tasks within 1a or 1b above
    2. all staff, including those who are children or young persons themselves, are instructed about the laws relating to access to gambling by children and young persons.
  4. Licensees should consider adopting a policy that:

    1. children and young persons are not employed to work on casino licensed premises (other than in an area of a regional casino where gambling does not take place) at any time when the premises are open for business
    2. gaming machines are turned off if children and young persons are working on the premises outside the hours when the premises are open for business.
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