Application for Temporary Authority to Operate a Casino

Under section 187, if the Gambling Commission cancels or suspends a casino operator’s licence, the Gambling Commission, on application, may authorise the applicant (other than the holder of the casino licence), or another suitable person nominated by the applicant, to carry on the operation of the casino. Applications for temporary authorities must be heard by a division of the Commission (s227(1)).

Link to application form:
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Application for Temporary Authority to Operate Casino (.pdf) 50k

Applicant (other than holder of Casino Operator Licence) files application using specified form and pays the filing fee of $23,511.11 to the Commission

Chief Gambling Commisioner decides who is to be part of the Division

Division considers the application and decides whether to:

grant the application without a hearing because the merits are obvious and the Secretary has no objection and does not wish to be heard; or
hold an inter partes or ex parte hearing at which the Commission will raise the Secretary’s or its own concerns.

If Division decides to hold an inter partes oral hearing:

Division directs the applicant as to on whom and in what manner the application is to be served.

Division convenes a hearing as soon as possible.

The nature of the hearing will be relatively informal as it is anticipated that applications under s187 will be relatively urgent.

Hearings should begin with any parties who oppose the application giving their reasons for, and evidence in support of, that opposition.

Witnesses and cross-examination may be allowed if necessary.

If Division decides to determine the application on an ex parte basis:

Division convenes an oral hearing with the applicant.

If Divison decides that it can grant the application without a hearing:

Division may grant any temporary authority for a maximum period of three months, and place any reasonable conditions on approval that it sees fit (s187(4)). The Division may provide for the later possibility of an inter partes hearing.

Division makes decision

Division may grant any temporary authority for a maximum period of three months, and may place any reasonable conditions on an approval that it sees fit (s187(4)). If decision made on an ex parte basis, the Division may provide for the later possibility of an inter partes hearing.

Division notifies decision to applicant and Secretary

Division should give reasons for the decision.