Pokies fight lingers

After a week of lively debate, the Castlemaine pokies VCAT hearing has been adjourned until December 10.

Mount Alexander Shire Council is appealing the Victorian Commission for Gambling Regulation's (VCGR) decision earlier this year to grant Maryborough Highland Society (MHS) a licence to open a club, complete with 65 poker machines, in the old railway goods shed, in Kennedy Street, Castlemaine.

The matter is being heard by VCAT Deputy President Mark Dwyer.

The hearing started on Monday, August 20, with a strong turnout of Castlemaine residents from both sides – Enough Pokies In Castlemaine (EPIC) and Castlemaine Sports and Community Club Inc (The Club) attending.

The hearing nearly came to a grinding halt on Wednesday after MHS failed to produce enough “quality” information to support part of its case.

But Mr Dwyer decided to proceed with the hearing mainly because of the vast amount of time and money that had already been invested by all parties.

On Thursday, EPIC made another bid to join the hearing but it proved to be unsuccessful.

Ron Merkel QC, for EPIC, made a strong push for the joinder during his submission to the hearing.

The joinder would have allowed EPIC to cross-examine witnesses and would have effectively given the community group the right to appeal the decision in the Supreme Court if it happens to go against them at VCAT.

Mr Merkel also forecast he would be pushing for answers from Maryborough Highland Society (MHS) on four points he raised during his submission.

 Basically these points were:

·         How much money has to be spent in Castlemaine to pay off the MHS debt?

·         Have the MHS directors been acting unlawfully and in breach of their duty by not formally notifying MHS members of their intention to mortgage the Maryborough premises and borrow millions of dollars to finance the Castlemaine club?

·         How much has the `Kyneton (bowling club) experiment' lost since MHS took it over?

·         VicTrack needs to agree to lease the old railway goods shed building in Castlemaine to The Club, which will be running the operation, not MHS. When will this happen?

MHS barrister Peter Caillard said EPIC should not be joined to the hearing.

Mr Caillard said that he believed that Mount Alexander Shire Council was the appropriate entity at the hearing and that EPIC would not be able to bring anything to the hearing that council couldn’t do.

He cited a great deal of legal argument in a bid to persuade VCAT Deputy President Mark Dwyer to not allow EPIC to be joined to the hearing.

Mr Caillard said the allegations of MHS directors being unlawful and in breach of duty were very serious ones and that he would not formally respond to them at the hearing.

He said MHS general manager Malcolm Blandthorn would be back in the witness box at a later date and would be able to answer Mr Merkel’s financial questions, including the situation at Kyneton.

At the end of the session, Deputy President Dwyer ruled that EPIC would not be joined to the hearing.

“It (joining a party to the hearing) is a serious matter and is not something that should be done lightly,” he said. “I am not persuaded that EPIC should be joined.”

Earlier in the day, Mount Alexander Shire councillor Tracey Cross was summonsed to appear at the hearing.

Cr Cross told the hearing the economic and social impact report that council considered on the pokies proposal was prepared by the shire’s economic and social development director, Carolyn Wallace, who was a former member of EPIC.

Cr Cross went on to say that she faced enormous opposition before she opened her Subway restaurant in Castlemaine.

“There is an element of like-minded people in Castlemaine who are anti-development, anti-franchise, anti-me probably,” she said.

Cr Cross said she was the only councillor to vote against a motion for council to appeal the VCGR’s decision.

Outside the hearing, Mount Alexander Shire CEO Phil Rowland said that council’s evidence so far had affirmed that the MHS proposal would have “a detrimental impact on the wellbeing of the Castlemaine community”. 

Mr Rowland said council's evidence had also set out the significant community concerns regarding the development, which were identified through the independent survey undertaken on council's behalf.

“It is frustrating that the hearing is to be held over until December but also important that all views are fully represented,” he said.

Mr Rowland said the debate would continue about how the proposal would benefit or harm the Castlemaine community and what real benefit it could bring to members of the Maryborough Highland Society.

EPIC spokesperson, Jess Howard said the group was looking forward to presenting its evidence of the negative social and economic impacts of the proposal when the hearing reconvenes in December.

“EPIC is concerned that the supposed economic benefits suggested by the MHS appear to be based on high-risk financial modelling with no guarantees of any cash at all coming back to the community,” Ms Howard said.

“The Maryborough Highland Society will be taking more than $5 million in loan repayments alone out of our community to pay for the new club and they now tell us there is no guarantee that any of that money will come back to us.

“From our rough calculations, over the life of the machines, this means more than $30 million will have to be spent on the new pokies to meet their budget. This is an ill-conceived development that will come at a real social and economic cost for our community.

“We can surely find a more positive - and less costly - community use for the goods shed."

Ian Braybrook, a member of The Club, said the group was satisfied with the way the hearing was going.

“But we are a bit disappointed it had to be adjourned, especially for such a long time,” Mr Braybrook said. “We are mainly concerned about the division in the town and that it will continue for another three months.

“We would have much preferred to have seen it settled one way or the other.”

 

EPIC not joined - VCAT hearing day 4

EPIC’s second bid to join the hearing proved unsuccessful on the fourth day of the Castlemaine pokies VCAT hearing in Melbourne on Thursday.

Ron Merkel QC, for EPIC, made a valiant push for the joinder during his submission to the hearing.

The joinder would have allowed EPIC to cross-examine witnesses and would have effectively given the community group the right to appeal the decision in the Supreme Court if it happens to go against them at VCAT.

Mr Merkel also forecast he would be pushing for answers from Maryborough Highland Society (MHS) on  four points he raised during his submission.

Basically these points were:

·         How much money has to be spent in Castlemaine to pay off the MHS debt?

·         Have the MHS directors been acting unlawfully and in breach of their duty by not formally notifying MHS members of their intention to mortgage the Maryborough premises and borrow millions of dollars to finance the Castlemaine club?

·         How much has the `Kyneton (bowls club) experiment' lost since MHS took it over?

·         VicTrack needs to agree to lease the old railway goods shed building in Castlemaine to The Club, which will be running the operation, not MHS. When will this happen?

MHS barrister Peter Caillard responded that on the matter of joining EPIC to the hearing that he believed that Mount Alexander Shire Council was the appropriate entity at the hearing and that EPIC would not be able to bring anything to the hearing that council couldn’t do.

He cited a great deal of legal argument in a bid to persuade VCAT Deputy President Mark Dwyer to not allow EPIC to be joined to the hearing.

Mr Caillard said the allegations of MHS directors being unlawful and in breach of duty were very serious ones and that he would not respond to them at the hearing, except to say that he thought an injunction by someone else may have been the appropriate remedy.

He said MHS general manager Malcolm Blandthorn would be back in the witness box on Friday and would be able to answer Mr Merkel’s financial questions, including the situation at Kyneton.

At the end of the session, Deputy President Dwyer ruled that EPIC would not be joined to the hearing.

“It (joining a party to the hearing) is a serious matter and is not something that should be done lightly,” he said. “I am not persuaded that EPIC should be joined.”

Earlier in the day, Mount Alexander Shire councillor Tracey Cross was summonsed to appear at the hearing. A full report of Cr Cross’ evidence will be in the final roundup tomorrow.

Finally, it was revealed that December 3 was the likely date for the hearing to recommence but that will be confirmed on Friday.

The hearing continues.

Midweek report - Castlemaine pokies fight in VCAT

The Castlemaine pokies battle in VCAT came within a whisker of finishing two days early on Wednesday after the Maryborough Highland Society failed to present enough “quality” information to support part of its case.

Mount Alexander Shire Council is appealing the Victorian Commission for Gambling Regulation's (VCGR) decision earlier this year to grant Maryborough Highland Society (MHS) a licence to open a club, complete with 65 poker machines, in the old railway goods shed, in Kennedy Street, Castlemaine.

The matter is being heard by VCAT Deputy President Mark Dwyer.

The five-day hearing started on Monday with a strong turnout of Castlemaine residents from both sides – Enough Pokies In Castlemaine (EPIC) and Castlemaine Sports and Community Club Inc (The Club) attending.

The hearing was rolling along smoothly until Wednesday morning when the tension suddenly started to rise.

Mr Dwyer had sought further details from MHS barrister Peter Caillard on the relationship between MHS and The Club.

Mr Dwyer wanted evidence or a detailed outline of the operation of the new regime (The Club) that will take control of the proposed venue if the VCAT application is successful.

As previously reported, MHS will only manage the venue but The Club committee will be the legal entity for the operation and take over all of the entitlements including the gaming machines and the lease of the building.

Mr Dwyer wanted to know the financial implications and if the new arrangements would change any of the evidence that had been presented to the tribunal in the previous two days or the evidence to follow.

MHS barrister, Mr Caillard presented an outline on Wednesday morning but Mr Dwyer was not impressed with its lack of financial detail.

“The Society proceeds in this case at its own peril,” Mr Dwyer said. “The quality of information at this stage is seriously lacking - you need to take that into account and tell me what material you can provide and in what timeframe?”

Mr Caillard sought a 10-minute break; lawyers scurried and huddled with their clients in different parts of the building while the gallery sat stunned waiting for the next development.

After the break, the latest MHS/The Club budget was tabled with Mr Caillard saying there were no significant differences between the previous MHS budget and the new one.

But Mr Dwyer took a quick look at the first page of the new budget and said he could already see a “significant” difference.

As the legal argument heightened, Mr Caillard called for an adjournment.

VCGR lawyer Liam Brown said the identity of the applicant had changed to a different body from the one that the Commission had granted a licence to while EPIC’s barrister, Ron Merkel QC argued that this was a totally different case and should go back to the VGRL.

Meanwhile, council’s barrister John Rantino said he would not support any adjournment.

Mr Dwyer took a 10-minute break before returning and deciding to proceed.

“I am concerned this application has become a moveable beast over the last few days … a lot of time and money has been spent to get this far. I am in a mind to proceed,” Mr Dwyer said.

And so the hearing continued, with MHS general manager Malcolm Blandthorn called to the witness box to explain the differences between the old and the new budgets.

He said there were six key differences with the biggest being the estimated amounts for depreciation and gaming revenue in the new budget.

Following questioning by Mr Rantino and Mr Merkel QC it became clear that:

·         The Club will be responsible for the repayment of all establishment, redevelopment and poker machine costs for the venue – totalling $5.2million plus interest on certain components.

·         The rent for the Goods Shed is $32,000 per annum with a 5 per cent increase per year. The lease runs for 15 years, with no option for an extension.

·         After that time, the redeveloped Goods Shed will revert to the landlord – the State Government.

·         There is no guarantee that the much promised $50,000 community cash contribution will be paid.

·         MHS will be paid a management fee of $250,000 per annum.

·         MHS will charge The Club an estimated $250,000 for legal fees and costs associated with obtaining permits and licenses required to operate the Castlemaine business.

·         MHS will be paid a $400,000 project management fee.

It also came to light that MHS will mortgage its entire operations in Maryborough as security for the redevelopment of the Goods Shed and that the MHS members had not been told of this, until it came out at the hearing.

Mr Blandthorn is expected to be cross-examined later in the week.

Outside VCAT on Wednesday, several members of The Club pointed out that no Mount Alexander Shire councillors had yet attended the hearing.

Cr Tracey Cross was there on Monday afternoon after she had been subpoenaed to give evidence - not in her capacity as a councillor but as a local resident/business person. She had not given evidence by Wednesday.

Council’s CEO Phil Rowland attended on Monday and the shire’s economic and social development director, Carolyn Wallace has been there every day.

The VCAT hearing continues this week but is highly unlikely to finish this week. It is expected to be adjourned to the next available date, which will not be until November.

Castlemaine pokies fight - VCAT day 2

Day 2 of the VCAT hearing on the Castlemaine pokies fight proved to be an interesting, albeit legally heavy, affair on Tuesday, August 21.

Mount Alexander Shire Council is appealing the Victorian Commission for Gambling Regulation's (VCGR) decision earlier this year to grant Maryborough Highland Society(MHS) a licence to open a club, complete with 65 poker machines, in the old railway goods shed, in Kennedy Street, Castlemaine.

The matter is being heard by VCAT Deputy President Mark Dwyer.

At first, the gallery looked quite depleted but the EPIC numbers built up throughout the day (yes still sitting on the left hand side) but The Club was well down on numbers today with just a few people attending (and yes, still sitting on the right).

The day started with the cross-examination of council’s social impact and gaming policy expert witness, Bonnie Rosen, who withstood intense questioning from MHS barrister Peter Caillard for most of the morning.

Mr Caillard sifted through Ms Rosen's report, paragraph by paragraph, questioning almost everything from what constitutes a skilled worker through to the location of the proposed building, the ratio of low income families in Castlemaine and their susceptibility to problem gambling. 

But Ms Rosen wasn’t rattled and stuck to her assertion that a second gaming venue in Castlemaine would create more problem gamblers in the town.

She defined a problem gambler as someone who can’t control their time and their spend on gaming machines, adding that research also showed more gaming machines in the town could affect the number of people who volunteer in the community.

The second witness for council was Castlemaine Salvation Army Lieutenant Sean Attard who was quizzed on a survey the organisation is currently undertaking in the local community.

The survey relates to social problems such as financial stress, mental health problems and substance abuse.

“We started it in May this year and only have a small amount of data,” Mr Attard said. “We are specifically asking people about the kind of support they would like.”

Deputy President Dwyer asked him if he had collected any data related to problem gambling in the survey.

“The do see some level of problem gambling in the community. A lot of those people see gambling as a viable solution to their financial problems … people tell us they have spent the money we have given them (for rent , food or to pay the bills) on poker machines.

“We have a support group for people with addictions and one of the people in that group was excited about a new venue opening next door because if they lost their money in the pokies, then we are just next door to come for help.”

Mr Caillard asked Mr Attard if the proposed venue went ahead would the Salvos work with the club to tackle problem gambling.

“We wouldn’t decline assistance to anyone,” Mr Attard said.

Council’s barrister John Rantino then called his next witness, Castlemaine video producer  Jim Coad.

Mr Coad was asked to document the pedestrian and vehicular activity at Castlemaine railway station during peak hours on a `typical’ Tuesday.

He set a camera up in a fixed position in the small park to the left of the station and filmed across the car park looking towards the entrance of the station with the old railway goods shed (the proposed venue) in the distance.

The footage was captured between 7.30am-10am and 3pm-6.40pm on the day and the film was shown at 75 times normal speed.

It showed a hive of activity at the station, particularly between 7.30am-8.30am and between 5pm-6pm with people, cars and buses darting in and out of the station.

Mr Caillard then called his first expert witness, URBUS director of economics and market research, Rhys Quick, who said he had been involved with more than 100 gaming applications for existing and proposed venues in the past five years.

Mr Quick said the proposed venue would not have a detrimental impact on the Castlemaine community.

“The cost of the proposed development, which is about $3.5million, would be quite significant in a town the size of Castlemaine,” Mr Quick said.

“It would generate more than 57 jobs (19 full-time and 38 part-time) across the community and $1.5 million in wages per annum, which would have a flow-on effect in the local community.”

Mr Quick said more than 120 jobs would be generated during the construction phase, utilising local trades people wherever possible.

He said MHS’ contribution to the community of $200,000 (in-kind plus a $50,000 cash contribution per annum for 10 years) was also significant.

He said the proposed club would offer patrons a range of entertainment options plus bistro, bar, arts facility and a function room capable of catering for 350 people.

“The is a range of entertainment options including bars and bistro already in Castlemaine but not in a venue of this capacity or size.”

Mr Quick said the impact on other businesses in Castlemaine would be negligible.

“It would have about 1.9 per cent impact of local retail business which is inconsequential and part of the competitive environment.”

He said there was currently a very low density of gaming machines in the shire with only 30 machines in a monopoly situation at the Cumberland Hotel.

“Even with the extra 65 gaming machines it would bring it to 6.42 EGMs per 1000 people, which is still below the Victorian country average (6.52).”

Mr Quick said Mount Alexander ranked 30 out of 80 on a scale of disadvantage of local government areas, which was at the “lower end” of the scale.

He estimated between 5-10 per cent of money put through the gaming machines at the proposed club would come from people who lived outside of the shire.

Mr Rantino will cross examine Mr Quick on Wednesday morning.

Late in the day, Deputy President Dwyer set Mr Caillard some homework and asked him to present evidence or a statement on Wednesday morning, which outlines the operation of the new regime (Castlemaine Sports and Community Club Inc or `The Club’) that will take control of the proposed venue if the application is successful.

As previously stated, MHS would only manage the venue but The Club committee would be the legal entity for the operation and take over all of the entitlements including the lease of the building.

Mr Dwyer wants to know if the new arrangements will change any of the evidence that has been presented to the tribunal in the past two days or is coming up during the rest of the week.

The VCAT  Deputy President also raised further concern about whether the hearing would finish in the allotted five days.

He said he would talk to the legal representatives on Wednesday afternoon to ascertain how they thought it was going and if it was likely to finish at the end of the week.

Outside the hearing, The Club’s secretary, Jenny Rixon, asked why the Mount Alexander councillors weren’t attending the hearing?

“If they are so much against a new pokies venue in the town, why aren’t they here?”

The hearing continues on Wednesday.  

Castlemaine pokies fight - VCAT day 1

Mount Alexander Shire councillor Tracey Cross has been subpoenaed to appear before the VCAT hearing on the Castlemaine pokies battle in Melbourne.

The five-day hearing kicked off today (Monday, August 20) and it is understood Cr Cross has not been called in her capacity as a councillor but as a local resident/business person.

Mount Alexander Shire Council is appealing the Victorian Commission for Gambling Regulation's (VCGR) decision earlier this year to grant Maryborough Highland Society(MHS)  a licence to open a club, complete with 65 poker machines, in the old railway goods shed, in Kennedy Street, Castlemaine

About 50 people packed the gallery of today’s hearing with council officers and Enough Pokies in Castlemaine (EPIC) supporters setting up camp on the left-hand-side of the room and MHS and Castlemaine Sports and Community Club (The Club) filling up the other side.

The matter is being heard by VCAT Deputy President Mark Dwyer.

There were several developments in the morning session with Mr Dwyer questioning the relationship between The Club and Maryborough Highland Society.

The Club’s representative on the bar, Bill Jeffries, was listed as a lay witness and then turned up as group’s advocate at the hearing.

After a short discussion, MHS barrister Peter Caillard said he would act on behalf of both groups at the hearing and Mr Jeffries withdrew himself as an advocate and took a seat in the gallery.

Mr Caillard surprised a few people by calling for EPIC’s legal representatives (Maurice and Blackburn are acting pro-bono for the group) to withdraw from the bar table because EPIC had not been joined to the hearing and had filed numerous documents of evidence after the deadline.

He argued that EPIC should be restricted to only giving evidence at the VCAT hearing, similar to its role at the VCGR hearing.

But Deputy President Mr Dwyer was not convinced and after hearing from EPIC’s legal representative Susan Brennan and council’s barrister John Rantino, he ruled EPIC’s legal team could sit at the bar table.

“EPIC does have a role to play in the proceeding and should sit at the bar table – it would be somewhat petty to deny that,” Mr Dwyer said.

But he ruled EPIC’s legal team could not cross-examine witnesses; however, it can ask a question through the chair and Mr Dwyer will consider those questions in due course.

During the morning, concern was raised on several occasions about whether the hearing could actually be completed in the five days, given the amount of evidence that has to be heard.

“The chances of finishing it are remote but not impossible,” Mr Dwyer said.

He said that if the hearing was not completed this week, the matter would have to wait until November to be re-opened.

The VCGR’s legal representative Liam Brown then gave an overview of the Commission’s role and reasons for its decision to grant a licence to the MHS on February 3.

“The Commission believes it made the correct decision,” Mr Brown said. “The Commission agreed the premises themselves were (physically) suitable for gaming machines and that the net social and economic impact would not be detrimental.”

Mr Brown said gambling on electronic gaming machines was not illegal but it was accepted that it caused harm to some as members of the community.

“The tribunal will hear much evidence about the positive and detrimental impacts – the tribunal needs to come out with a balanced net impact on the well-being of the community.”

Barrister John Rantino for council gave his opening submission and questioned how much weight should be given to the VCGR’s decision to grant a licence to MHS.

Mr Rantino said he would be presenting material that was “significantly different” to the material that was presented to the Commission.

“For example, this is the first application that I am aware of to come to VCAT that involves the conversion of a long-standing public asset to a gaming venue.

“The building’s prominence and location in the community, and its relationship to where people go about their daily activity (at Castlemaine railway station) are all relevant to the social and economic impact.”

Mr Rantino also pointed out that it was one of the largest applications for a gaming licence (for 65 machines) that he had heard of in recent times.

He said there were several question marks over MHS’s $200,000 contribution to the community, and that he would be highlighting the change in the manner in which the premises would be operated.

This involves putting the new role of The Club under the spotlight.

Mr Rantino said The Club was previously only a committee but now it's an incorporated body and a separate legal entity that would take over all the entitlements of the venue leaving MHS only to manage the operation.

Late in the day, expert witness on gaming policy Bonnie Rosan took to the stand and spoke about the negative impacts of the proposed venue on the Castlemaine community.

“My conclusion is that it will be detrimental to the well-being of the community,” she said.

Ms Rosan said the extra 65 machines would create more expenditure on gaming in the town and most likely an increase in problem gambling.

“Research shows that those who can least afford to lose money on EGMs are most likely to be problem gamblers.”

Mr Caillard cross examined and questioned Ms Rosan’s ability to draw conclusions about the economic impact of the venue on the town when she admitted it was not within her expertise.

He also questioned her impartiality.

Ms Rosan had tendered some supporting photographs of nearby buildings to the proposed venue as part of her evidence and it was photograph `K’ that caused Mr Caillard to laugh out loud at the hearing.

The witness said the photograph depicted one of the houses across the road from the proposed venue but it actually turned out to be across the railway track, across the creek and it just happened to have a `No More Pokies’ sign in the front window.

Ms Rosen faces another two hours of cross-examination on Tuesday morning.

After the hearing finished for the day, Mount Alexander Shire CEO Phil Rowland said there had been no real surprises.

“It was day one of a long exercise,” he said. “From council’s point of view, I think the issues are quite clear and we have every confidence in Mr Rantino.”

EPIC member, David Stretch said day one was “all good cut and thrust".

“It’s great that EPIC has legal representation at the bar table and we are looking forward to submitting evidence.”

A member of The Club, Ian Braybrook said it was “a good turn-up from Castlemaine”.

“Both sides were very well behaved and there was no animosity between anyone from either side,” he said.

The hearing continues on Tuesday.

What's On in Castlemaine - Aug 25-Sept 9

This week's films at the Theatre Royal. For full movie session times and entertainment details phone 5472 1196 or visit www.theatreroyal.info.
Saturday, August 25 at 7.30pm. Film Screening. Road to Zanzibar starring Bob Hope and Dorothy Lamour. Burlesque jungle adventures as only Hope and Lamour can provide them! At the Fryerstown Hall. BYO chair. $5 entry. Details: 54706298.
Saturday, August 25. Lot 19 exhibition opening. Lot 19 presents an exhibition from a family of excellent artists, Jackie Goring, Minna Graham and Jesse Graham. The exhibition will run for three weekends from 12-5pm at Lot 19, Langslow street, Castlemaine. Details: www.lot19art.com
Saturday, August 25. The Astros and Marvin Lorne. At CASPA, above Stoneman's bookrooms, Corner of Mostyn and Hargraves streets, Castlemaine. $10 entry. Details: 0401 4118 81 or email caspa@castlemainefringe.org.au
Sunday, August 26, 1.30pm-5.30pm. Old time dance. At the St Mary's Hall, Castlemaine. $10 entry with proceeds to aid Castlemaine charities St Luke's and St Vincent de Paul. Details: Dot Pollard 5472 3297.
Sunday, August 26 at 3pm. The Banksia Trio on Agitation Hill. The Banksia Trio will be performing at the Christ Church on Agitation Hill. The Banksia Trio was formed at the beginning of 2011, drawn together by their passion for chamber music. The concert will be about an hour in length will include music of Beethoven and Rachmaninoff. Tickets available at the door for $10.00 ($5.00 concession).
Sunday, August 26, 3pm-5pm. Poetry Reading. At The Comma (corner of Hargraves and Forest St, Castlemaine). This month's feature poets are Sarah Day and Louise Oxley. Gold Coin Donation Only. Raffle for a book voucher courtesy Soldier and Scholar and books prizes including feature poets. Open Section: 3 minutes max at the mike. Best poem in the Open Section wins the Castlemaine Cup, as judged by the feature poets.
Sunday, August 26. Newstead Community Walk #167. Meet 9am outside the Newstead Community Centre in Lyons Street, Newstead to carpool to start of walk. This event is free and all are welcome (except dogs). Bring morning tea to share after the walk. Hot drinks provided. We return to Newstead at about 11am. Frances Cincotta ph. 5476 2691.
Sunday, August 26, 6-8pm. Castlemaine Chants at the Forge. Monthly kirtan (chanting) session for people interested in exploring a devotional path to their spirituality. If you can speak, you can chant! At the Forge Yoga studio, 341 Barker street, Castlemaine. Entry by gold coin donation. Contact: castlemainechants@gmail.com
Sunday, August 26 at 4pm. 'Words In Winter' play 'A Question of Friendship' performed by author Celeste Walters and actress Eileen Nelson, at the Newstead Community Centre in Lyons Street, Newstead. Ph Angela Down 54 762 276 www.daylesfordonline.com/wordsinwinter
Sunday, August 26 at 2.30pm. Taradale Hall. Part of Spring Music 2012. Jazz/world afternoon with "HOY" and Adam Fiorello Combo. Tickets $15 of $10 concession. Booking essential. Tickets from The Capital on 5434 6100 or www.thecapital.com.au.
Now until Friday, August 31. Art Fields. Artworks produced by local artists on display at the historic Castlemaine Market Building through August, including visual art, performance, literature, film, music and weekend artists talks. A full list of the participating artists and events is available online at www.maldoncastlemaine.com.au and www.mountalexander.vic.gov.au including a full performance schedule and list of artist's talks. Enquiries to Jon Harris, arts officer, Mount Alexander Shire Council on 5471 1793.
Now until Sunday, September 2. Cheryl Kennedy and Linda McLean exhibition. Falkner Gallery presents 'This Dress Belonged to ... 'Fact and Fiction', a mixed media sculpture exhibition. For further details contact Falkner Gallery, 35 Templeton Street, Castlemaine, call 5470 5858 or visit: www.falknergallery.com.au
Monday, August 27 at 7.30pm. Maldon Focus Inc 16th Quarterly Lecture. At the Maldon Community Centre, Francis Street, Maldon. Raimond Gaita will present the Spring Lecture, discussing city and country life with special reference to his love of London and the central Victorian landscape, as part of the ongoing series titled Thinking people make a difference. The lecture is dedicated to the memory of his friend Alan Smidt. Entry: $5 donation (includes light supper). Bookings not required. Details: call 5475 1887 or email nancymay@mmnet.com.au
Friday, August 31 at 9.30pm. CinemaLive presents the Biggest Cinema Dance Party in the World. As part of a unique cinema event, Fatboy Slim's legendary Big Beach Bootique concert will be shown on one night only around the world. At the Theatre Royal, Castlemaine. A live DJ will also perform on the night. For details visit www.theatreroyal.info.
Sunday, September 2, 9am-4pm. Red Cross Framed Prints Sale. Australian and European framed prints for sale by offer at the Castlemaine RSL hall, Mostyn Street, Castlemaine. Come along, browse and take home a print to admire and enjoy. Also available for sale will be childrens jumpers, beanies, baby clothes, rugs etc hand knitted and new. Tea or coffee with cakes $5. All funds raised are administered by Castlemaine Red Cross. Details: 5472 3113.
Sunday, September 2, 9.30am-11am. Newstead Landcare group working bee at Rotunda Park, Pyrenees Hwy Newstead. It's time to do some more maintenance on our past plantings. Bring gloves for weeding and a mug for morning tea. As well as pulling Cape Broom we'll be taking guards off plants that no longer need them, and straightening other guards, finishing up with shared morning tea. Ph. Patrick 5476 2755.
Sunday, September 2, 6-8.30pm. Vocal Nosh. At the Newstead Community Centre, Pyrenees Hwy, Newstead. Community singing, leaders this month are Jane Thompson and James Rigby from Castlemaine. Theme: "Australian Indigenous Songs and Writers". Cost: whole session: $15 full, $12 concession, $5 children. First hour only: $5. Price includes a healthy vegetarian meal, teas and coffee: Songs in the folk style, mostly a cappella. Newcomers welcome. Bookings: Kerrie 5470 5645. Please arrive 5.45 for 6pm start.
Sunday, September 2. Australian and European framed prints for sale by offer. At the Castlemaine RSL Hall, Mostyn Street, Castlemaine from 9am to 4pm. Come along, browse and take home a print to admire and enjoy. Also available for sale on the day will be children's jumpers, beanies, baby clothes, rugs etc, hand knitted and new. Tea or coffee with cakes $5. All funds raised are administered by Castlemaine Red Cross. Enquiries: B. Adamson 5472 3113.
Sunday, September 2. Landcare Open Day. The Landcare Open Day will be an opportunity for the broader community to meet their local Landcare group and see what is being done in their area. For more information contact Max on 5472 1594 or max@connectingcountry.org.au.
Thursday, September 6 at 1.30pm. Information Day - Autism Spectrum Disorder. Hosted by the Harcourt CWA at the Harcourt Leisure Centre. The ASD Case Consultant Practitioner of the Lodden-Mallee, Linke Smedts-Kreskas will be the guest speaker and attendants will also have the pleasure of hearing well known folk singer Jeanette Gillespie. Everyone welcome. A Devonshire Afternoon Tea will be served. Gold Coin donation, proceeds to CWA State Project: Mansfield Autism Statewide Services. RSVP by 31 August to Marie Twyford: 5474 2739
Saturday, September 8. Mount Alexander Landcare Bushdance. A way to say thank you to all of the Landcare volunteers in the Shire and have some fun. Landcarer's don't often get a chance to meet members from groups other than their own - let alone dance with them. The night will be free for Landcare members with a small cover charge for non-members. For more information contact Max on 5472 1594 or max@connectingcountry.org.au.
Sunday, September 9. Polar Dinosaur Talk. The talk will be given by world renowned palaeontologists Patricia and Tom Rich. This should be a very interesting talk - not least because they will be bringing a real dinosaur along with them. For more information contact Max on 5472 1594 or max@connectingcountry.org.au.

2012 Castlemaine Poetry Prize

Poets are reminded the deadline for the junior section of the 2012 Castlemaine Poetry Prize is only weeks away.
The competition is run by the Castlemaine Mail and entries are open across three categories: senior (over 16), junior (under 16) and for best poem by a Mount Alexander Shire resident.
The junior section closes on August 31.
The poem must not have been published or have won another prize, a strict maximum of 40 lines applies and all entries should be double spaced. Poets can choose any theme. Contact details, including a phone number, must be enclosed but preferably not on the same page as the poem.
Award-winning Castlemaine poet Ross Donlon has kindly agreed to judge this year's competition. Elliott Midland Newspapers is proudly sponsoring the 2012 Castlemaine Poetry Prize, which carries a first prize of $100 (senior section).
Mount Alexander Shire Council is sponsoring the junior prize and Soldiers and Scholar Bookshop is sponsoring the best poem by a Mount Alexander Shire resident. The winners of these categories will each receive a $50 book voucher from the respective sponsors.
Selected entries, including the winning poems, will be published in the Castlemaine Mail. Entries can be submitted via email to editcm@elliottmidnews.com.au or mailed to 2012 Castlemaine Poetry Prize, 29 Templeton St, Castlemaine, 3450, Victoria.
The junior category closes on August 31 and the other two sections close on Friday, September 28, at 5pm. Details: call 5472 1788.

Castlemaine pokies battle looms

Jeff Jones
Scores of supporters from two local groups, Enough Pokies in Castlemaine (EPIC) and Castlemaine Sports and Community Club (The Club), are expected to attend the five-day VCAT hearing into the Castlemaine pokies battle, which starts in Melbourne on Monday.
Mount Alexander Shire Council is appealing the Victorian Commission for Gambling Regulation's (VCGR) decision earlier this year to grant Maryborough Highland Society a licence to open a club, complete with 65 poker machines, in the old railway goods shed, in Kennedy Street, Castlemaine.
Well prepared
Council's economic and social development director, Carolyn Wallace says she is confident the council is well prepared for the hearing.
"We are confident that we have reviewed all of the material that MHS and The Club have prepared and we're still confident in the voracity of our original social and economic impact statement," Ms Wallace said.
"We have had a subsequent independent assessment which confirms our original assessment that the impact of a further 65 poker machines in Castlemaine will be detrimental to the community."
Ms Wallace said the council had not made any decision on whether it would take the matter to the Supreme Court if it happened to lose the appeal at VCAT.
"There has been absolutely no decision in that regard."
`Fairly confident'
MHS general manager, Malcolm Blandthorn says the society is "fairly confident since the original decision went in our favour".
"Council is taking us to VCAT - they have to prove the VCGR made an incorrect decision," Mr Blandthorn said.
"Obviously, we will have some counter arguments but we are a not-for-profit group so we can't really afford to pay to keep re-evaluating everything."
Mr Blandthorn said MHS was confident it was well prepared for the hearing.
He said he expected a decision within 28 days but did not think MHS would proceed any further if the decision went against the society.
"At this stage, I don't really think we can afford to take it to the Supreme Court."
As previously reported in the Mail, bids by both EPIC and The Club to be `joined' to the hearing were unsuccessful earlier this year but both parties can give evidence.
`Pretty special'
EPIC says the onus is on MHS and The Club to prove the trebling of pokies in Castlemaine will not result in overall social and economic detriment to the local community.
EPIC's Jessica Howard said: "In light of the historic and unprecedented community opposition to this proposed new pokies venue, EPIC has secured pro-bono representation from a sterling legal team.
"Castlemaine is a pretty special place and it's entirely appropriate that we will be represented by a legal team and local community members interested in securing a positive future for our town.
"EPIC looks forward to the opportunity to highlight the clear negative social and economic outcomes that will result from the MHS' plans, but also underline the unique nature of our shire and its vibrant and dynamic community."
"I am proud of the efforts our council, EPIC and thousands of community members have made in opposing the MHS plans." EPIC supporters will be travelling to Melbourne for VCAT hearing every week day next using the V-line 8.06am service. For details visit info@enoughpokies.org.
VCAT decides
A spokesperson for The Club this week said: "We are presenting evidence at the VCAT hearing and leaving it up to VCAT to make the decision.
"We feel everything that can be said, has been said many times over and over again," the spokesperson said.

Old Castlemaine Gaol Sale Near

Local consortium Trevor and Helen Butcher, Don and Sue Culvenor and Calum McClure (his father, Gary, is presently overseas)



Jeff Jones
A packed gallery turned out to the hear Mount Alexander Shire Council announce its intention to sell the Old Castlemaine Gaol for $550,000 to a local consortium.
The consortium is led by well-known locals Gary McClure, Trevor Butcher and Don Culvenor and their families.
The group says it wants to create a `vibrant community asset for Castlemaine, a multipurpose regeneration of the existing gaol site along with residences around the perimeter'.
It has flagged an intention to develop a quality environment that will result in full occupancy of working spaces; as well as create a new destination for tourism, conferences, artisans, schools, weddings and other visitors.
Council put the old gaol on the market with real estate agents Colliers International in May and attracted six submissions after a six-week marketing campaign.
The decision
At Tuesday's meeting, council voted unanimously (Cr Tracey Cross was absent) to advertise its intention to accept the offer of $550,000, including GST, to allow the land to be used and developed for the purpose of community amenity and residential development with a 90 day settlement period.
A public notice will be advertised in the Midland Express and council will receive written submissions on the matter until 5pm on Wednesday, September 19.
A Special Council Meeting will be called to hear people who want to speak in support of their submissions at the Castlemaine Senior Citizens Centre on Monday, September 24, at 7.30pm.
Council will consider the submissions and decide whether to proceed with the sale at a council meeting in Sutton Grange, the following night, September 25, at 7.30pm.
Council will then go into `caretaker mode' at midnight on September 25, which means that no major decisions can be made until after the council elections on October 27.
Difficult issue
Mayor Janet Cropley said this week the old gaol had been a difficult issue for council with a number of options considered over the past few years.
"This proposal represents the best chance for the gaol to have a viable future whilst maintaining community access and use," Cr Cropley said.
"The gaol is in a Residential Zone and has a Heritage Listing and we are confident that these existing controls will ensure any development is appropriate and sympathetic to the heritage value of the site."
Excited but ...
Consortium member, Don Culvenor told the Mail: "We are excited but apprehensive until it actually happens."
Consortium partner, Trevor Butcher says the group knows it has got a lot of work ahead of it.
"As three local families, we have each had some pretty big projects in the past, but there is a long way to go with this one and some long time lines on the project," Mr Butcher said.
Gary McClure said the group was looking forward to engaging with residents as soon as practical to gain an understanding of the views being expressed by the community.
"Our thoughts on developing the site include appropriate residential buildings to fit with the character of the site," Mr McClure said.
"Beyond that, we would ideally like to develop a diverse community arts and hospitality hub that benefits Castlemaine. However, the long-term viability of any proposal is crucial. We don't want to start something that again fails within a few years from lack of support."
What it's worth
The Old Castlemaine Gaol was built between 1856 and 1861. The Gaol was decommissioned in 1990 and sold by the State Government to the City of Castlemaine.
The valuation for the old gaol as at June 10, 2012 was $1.2 million and the preferred tender price is 58 per cent lower than the current valuation. But according to the latest council report on the matter, `the valuers noted that since the date of the previous assessment, market conditions for unusual and challenging properties without any established cash flow (particularly in regional areas) had deteriorated'.
Late bid
The Friends of the Old Castlemaine Gaol made a late bid to save the old gaol for community use and is now pushing for the community to write to the council and voice its opposition to the sale.
A representative from one of the rejected tenders was present and spoke at the meeting. "Ours is a community-owned and managed proposal," said representative Eliza Tree. "We clearly stated within our tender a direct request to council for consultation and to discuss the details of our proposal.
"This was not allowed and the community proposal was treated in accordance with the commercial process.
"It is so frustrating, but we have not given up," said Ms Tree. "We have had significant pledges of support to fund the establishment and running costs of the property for the first two years.
"It is just regrettable that council will not engage in any dialogue about our proposal."
Community consultation was also a concern raised by another speaker in the public question time.
Jacqueline Brodie-Hanns, on behalf of the Friends of the Old Castlemaine Gaol, asked what sort of community consultation would be available to allow the public to provide feedback.
"Will the community be given the chance to participate, to contribute, to be consulted?" Ms Brodie-Hanns said. "Will the process be open, transparent and represent a true consultation with the community?"
Outside the public forum, Ms Brodie-Hanns expressed her concern that this would not transpire.
"The last proper consultation occurred in February 2009 when council spent $80,000 on a Sydney-based consultant to conduct a public information session and prepare a report. We've tried to obtain a copy of that report but council will not supply it.
"This latest process is limited to the public making submissions about the proposal to sell, without actually having all the details of the sale proposal available. It makes a mockery of the very notion of community consultation."
The shire's CEO, Phil Rowland repeatedly explained the process for the sale of the old gaol and council's obligations under the Local Government Act once it had entered into the process.