In his final submission to the VCAT hearing on the Castlemaine pokies fight, Maryborough Highland Society’s barrister, Peter Caillard spoke for several hours about the evidence that had been presented to the tribunal, while he waited, and waited, for his written submission to arrive at VCAT headquarters in Melbourne.
Indeed at times Mr Caillard appeared to be padding and buying time, as he recapped and compared the evidence of expert witnesses Rhys Quick and Bonnie Rosen on the social and economic impacts of the proposed venue.
Mr Caillard said the new club would generate 31 new jobs and keep money in the town, rather than having residents leave the municipality to play in other towns.
He said it would accommodate those residents who wanted to gamble without harming themselves or others and he spoke at length about the monopoly situation that presently exists in the town with Cumberland Hotel as the only pokies venue in the shire.
“The competition between the venues will improve service standards and give people more choice,” Mr Caillard said.
He urged VCAT Deputy President Mark Dwyer to give more weight to the Victorian Commission for Gambling Regulation’s (VCGR) decision to grant a license to MHS to open a venue with 65 gaming machines in Castlemaine.
“The VCGR has specific expertise in deciding these applications.”
Mr Caillard said it would have a minimal impact on retail in the town, with the retail centre some distance from the proposed venue.
“There would be a negligible impact on the local economy and a range of social benefits including new facilities and meeting rooms.”
He added the proximity of the station did not suggest increased traffic passing the venue.
“There is nothing to the north and the Salvos are south of the venue and they have agreed to work with us, which would be a benefit.”
He said the $50,000 cash and $150,000 in-kind contributions would benefit the local community and that the cash contribution would be made before MHS was paid any management fees.
MHS' written submission finally arrived at the hearing and was handed to Deputy President Mark Dwyer, who read it overnight and found “several discrepancies” in the document.
Mr Dwyer questioned who would have control of the venue – MHS or The Club?
Mr Caillard said the Society was a not-for-profit organisation with a long, proud history.
The Society will manage the day-to-day operations while The Club will be the licensee of the venue and the gaming machines, he said.
Mr Dwyer then focused his questions on the $50,000 cash contribution, noting there was no guarantee that it would be paid if the venue did not make a profit.
“The reason I am harping on this is that in your written contribution it says that the cash contribution might be less than $50,000. Now if that is a mistake, it needs to be corrected.
“There is no certainty in my mind arising from the document on the table now as to what is going to be paid and who is going to be paid. There are discrepancies in the document and they need to be resolved.
“It seems that every time something is put to me about this in an attempt to rationalise an anomaly, it almost seems to reinforce it.”
Mr Caillard later said the intention was to pay the $50,000 cash contribution but “there is no certainty as to the profit of the venue”.
“However, it is the opinion of expert evidence that the financial assessments on which the project is based are correct and if they can be achieved, it will be paid.”
Mr Dwyer re-itererated his point.
“We can’t leave the hearing tomorrow without knowing what the deal is so I am giving you every opportunity to make it clear to me and the community,” Mr Dwyer said.
He urged Mr Caillard to have a “good read” through the written submission over his lunch hour and correct any anomalies.
Mr Caillard welcomed the opportunity to do so. Mr Dwyer had the final word on the day saying, the side of the community that loses this decision would know that it had been made after all of the proper facts had been put before the tribunal.