Casino Control Regulation 2019

The NICC may, after considering an application for a licence, grant the licence or refuse to grant the licence.

The NICC may, in such circumstances as the NICC considers appropriate, treat an application for a licence as having been withdrawn.

The NICC must not grant a licence unless the NICC is satisfied that—

the applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, and

practices will be in place at the licensed premises as soon as the licence is granted that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place, and

if development consent is required under the Environmental Planning and Assessment Act 1979 (or approval under Part 3A of that Act is required) to use the premises for the purposes of the business or activity to which the proposed licence relates—that development consent or approval is in force.

The NICC must refuse an application if it determines, after subsection (4A) has been complied with—

that the applicant is not a suitable person to be the holder of a licence, or

that a person who is, was or will be a close associate of the applicant is not a suitable person to be a close associate of the holder of a licence, or

that a person who occupies a position of authority in the corporation that is the applicant is not a suitable person to occupy such a position in a corporation that is to be the holder of a licence.

A determination under subsection (4) may not be made unless—

the applicant has been made aware of reasons for the possibility of such a determination, and

the applicant has been given an opportunity to make submissions, and to bring to the attention of the NICC any matter related to those reasons that the applicant thinks fit.

Without limiting subsection (3)(a), a person is not a fit and proper person to carry on the business or activity to which a proposed licence relates if the NICC has reasonable grounds to believe from information provided by the Commissioner of Police in relation to the person—

that the person—

is a member of, or

is a close associate of, or

regularly associates with one or more members of,

a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012, and

that the nature and circumstances of the person’s relationship with the organisation or its members are such that it could reasonably be inferred that improper conduct that would further the criminal activities of the declared organisation is likely to occur if the person is granted a licence.

Without limiting subsection (3)(a), in determining whether an applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, the NICC is to consider whether the applicant is—

of good repute, having regard to character, honesty and integrity, and

competent to carry on that business or activity.

The NICC is not, under this or any other Act or law, required to give any reasons for not granting a licence because of subsection (5) to the extent that the giving of those reasons would disclose any criminal intelligence.