14 Nov 2008
SECRETARY FOR INTERNAL AFFAIRS V KILBIRNIE TAVERN LTD AND ORS HC WN CIV-2007-485-1988
- Citation
- openlaw-ce84aef2_844c_4b77_8d0b_c29792bf9421.pdf
- Court
- High Court
Court held (1) many of the Secretary's questions were agreed by the parties (including that 'problem gambling' means gambling causing or likely to cause harm and that prospective risks must be considered); (2) it was inappropriate to formulate a single detailed statutory 'test' for minimisation under s67(1)(p); and (3) when imposing conditions under s70(2) to ensure minimisation under s67(1)(p) the Secretary must consider whether the condition and its effects are consistent with the scheme of the Gambling Act (which permits Class 4 gambling) and must have regard to the interests of machine op…