What was the background to the Romsey Hotel case?
The Romsey Hotel (the Hotel) applied to the Victorian Commission for Gambling Regulation (the Commission) for an approval under the Gambling Regulation Act 2003 (the GR Act) to install 50 gaming machines. The GR Act required the Commission to refuse the application unless it was satisfied that ‘the net economic and social impact of the approval will not be detrimental to the wellbeing of the community of the municipal district in which the premises are located’. The Macedon Ranges Shire Council (the Council) opposed the grant of the approval. At a hearing before the Commission, the Council presented the results of a community survey it had conducted about community attitudes to gaming machines in the municipal district. The Commission took the survey results into account in finding the local community was strongly opposed to gaming machines and in deciding to refuse the application. The Hotel applied to VCAT to review the Commission’s decision.
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