The Queensland Civil and Administrative Tribunal recently heard an appeal for a gaming licence from Office of Liquor and Gaming Regulation (OLGR).

Art unions, raffles, bingo, lucky envelopes, Calcutta sweeps and promotional games operated by charities are regulated under the Charitable and Non-Profit Gaming Act 1999.

There are 3 categories of licences broadly based on the gross proceeds of the game and other conditions. Category 1 and 2 games do not require a licence and the gross proceeds for category one must not be more than $2,000 and Category 2 between $2,000 to $20,000.

Category 3 games do require a licence and have gross proceeds of more than $50,000.

Start Living Prize Homes Inc (SL)[1] was a recently incorporated association with an object of operating raffles exclusively to non-homeowners offering the chance of winning a house. All profits were to be distributed to Australian charities or “other disadvantaged groups within the community”.

It planned to conduct a 55,000 ticket lottery at $20 per ticket for the prize of a house worth $600,000.

The application for a licence was refused for various reasons, but the matter before the Tribunal was the failure of SL to provide acceptable financial evidence that the prizes proposed would be delivered if expected ticket sales failed to materialise.

The OLGR had suggested that SL provide a bank guarantee or personal guarantees by each of the management committee members for delivery of the prize and expenses. Not surprisingly, this was not acceptable to SL.

The Tribunal refused the licence. According to OLGR there are many other competing games which offer larger prizes at a cheaper cost per ticket.  Whether the limited number of tickets would make SL’s game more attractive to players was not established, and certainly, there was no actuarial modelling made available in that regard.

[1] Start Living Prize Homes Inc v Chief Executive for Liquor and Gaming [2021] QCAT 22