VCAT says NO to Castlemaine pokies bid

The Castlemaine pokies battle is over.
The Victorian Civil and Administrative Tribunal has knocked back a bid by Maryborough Highland Society to open a gaming venue with 65 pokies in the old railway goods shed in Kennedy Street, Castlemaine.
VCAT Deputy President Mark Dwyer yesterday made a landmark decision when he ruled in favour of Mount Alexander Shire Council and community group Enough Pokies in Castlemaine (EPIC).
Council had appealed the Victorian Commission for Gambling Regulation's (VCGR) decision last year to grant Maryborough Highland Society (MHS) a licence to open a club. The two-week hearing came to close on December 14, 2012. It followed a two-year battle that has caused bitter division in Castlemaine.
Mr Dwyer ultimately found that the social detriment of the proposal outweighed the economic benefits for the Castlemaine community.
Mayor's view
Mount Alexander Shire Mayor Michael Redden said the council had been consistent in its view that the proposed venue would have a detrimental impact on our community.
"I am pleased that VCAT has supported that view," Cr Redden said.
"Council is well aware of the passion and interest that this issue has generated in our community and I hope that we can move on together now that it has been resolved."
The first reaction from representatives of the MHS, EPIC and the Castlemaine Sports and Community Club can be summed up with one word - shock.
Maryborough Highland Society general manager Malcolm Blandthorn said he did not expect the VCAT ruling to go against the club.
"We are very disappointed," he said. "As a not-for-profit organisation, we have always acted with the best intentions towards the Castlemaine community and this decision has come somewhat as a shock to us."
End of the road
Mr Blandthorn said MHS accepted the Tribunal decision and that it was the end of road for the Society's bid to open a Castlemaine venue.
"We will be withdrawing all future applications including the planning permit currently before MAS Council."
He said the 65 poker machines would be put on the transfer register so that another club in Victoria could purchase them. The lease on the old railway goods shed will be cancelled immediately.
"The lease was conditional on the proposed venue going ahead and we are able to get out of it."
Mr Blandthorn said he really felt for members of Castlemaine Sports and Community Club because it was an opportunity lost for the town.
EPIC `thrilled'
EPIC president David Stretch said the group was thrilled with the decision.
"This is an extraordinary result for the Castlemaine community," Mr Stretch said. "EPIC thanks councillors and council officers for their leadership in committing ratepayer funds to represent council and community opposition to this proposal."
Mr Stretch said VCAT's decision to refuse the Maryborough Highland Society a permit to install the machines in the Castlemaine community represented "just reward" for local people who had fought the proposal over the last two years.
"Unprecedented community opposition has been an important consideration is this case and EPIC sees Mr Dwyer's finding as a victory for common sense.
"This proposal has caused significant disruption to our community and EPIC as an entity, looks forward to becoming dormant - hopefully for a long, long time.
He said EPIC supported continued development in Castlemaine without "the long-term negative impacts attached to the MHS proposal and any future applications to increase pokies in our shire".
"We send a sincere thanks to members of the local community, who have stood behind EPIC and provided the voice and the impetus to achieve this great result."
Lost opportunity
The Castlemaine Sports and Community Club president Jenny Rixon said the group was obviously disappointed by the VCAT decision. Ms Rixon agreed with Mr Blandthorn's assessment of it being "a lost opportunity for our community".
"We will however accept the umpire's decision," Ms Rixon said.
"We thank our 1570 loyal members who have supported the club in our efforts to bring this club to fruition and we assure them that we did our best to secure what we consider to be the best outcome for our community."
Ms Rixon said a general meeting for club members would be held in the coming weeks to discuss the future direction of the Castlemaine Sports and Community Club.
Landmark decision
Deputy President Mark Dwyer's decision on this issue sets a huge precedent and could effectively change the dynamics of future gaming applications across Victoria.
EPIC became the first community group other than a local council to successfully challenge pokies operators nationwide.
It is also significant because Mr Dwyer found that while Castlemaine was not a 'pokie-free' town like Romsey, which also won its bid to stop the installation of poker machines in the town, it is 'pokies light' and ruled that the extra gaming machines would affect the social character of Castlemaine.
Leader of Maurice Blackburn Lawyers' social justice practice Elizabeth O'Shea, who represented EPIC pro-bono in the drawn-out fight, said the decision was extremely significant in the fight to retain the character of local communities.
"This decision draws a line in the sand in the battle against pokies invasions on unwilling towns, and sends a strong message that if communities band together and take the fight on, they will be heard. They can win the battle to preserve community character," Ms O'Shea said.
"This is a watershed moment that should act as a blueprint for other communities who may previously have thought they couldn't take it up to big business in the fight against unwanted pokies and problem gambling."