A person who ceases to hold a hotelier's licence cannot retain beneficial ownership of poker machine entitlements allocated in respect of that licence, whether by way of trust or otherwise. However, contractual arrangements directing the current licensee to transfer entitlements at the former licensee's direction may be enforceable by way of specific performance, provided the contract is not void for uncertainty and is consonant with the Gaming Machines Act 2001 (NSW). Courts should not make declarations as to whether a person has a financial interest in a hotelier's licence for the purposes of s 19(3)(c) of the Act where the Liquor Administration Board has not yet been asked to form the relevant opinion and there is no reason to think the Board will fail to exercise its powers properly.
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