Compulsory shutdown period
Registered clubs and hotels must not operate gaming machines between 4:00am to 10:00am each day. This is a requirement under the Gaming Machine Act 2001.
- This rule helps stop continuous play and gives players a “break in play”
- All gaming machines in registered clubs and hotels must follow this rule.
Applying for a different shutdown
Clubs and hotels with extenuating circumstances can ask the Independent Liquor & Gaming Authority (ILGA) for an exemption to the standard shutdown hours under section 40, 40A and 41 of the Gaming Machine Act 2001. They can apply for:
- 3-hour shutdown: From 6:00am to 9:00am on Saturdays, Sundays, and public holidays.
- 3-hour limited shutdown: From 6:00am to 9:00am every day on hardship grounds.
- A different 6-hour shutdown period or a different 3-hour shutdown period for clubs and hotels that have opened early continuously since 1997.
ILGA may approve changes with certain conditions.
Changing your shutdown period
To change your shutdown period, you must follow:
- Guidelines approved by the Minister
- ILGA Guideline 16 – Late-night Gaming Applications.
ILGA may approve a change if:
- The licensed premises applies based on hardship and meets the Guidelines approved by the Minister.
- The licensed premises applies for different weekend and public holidays shutdown periods and meets the Guidelines approved by the Minister.
- The licensed premises is an early opener and has continuously operated this way since before 1997.
- This means, before 1 January 1997, the licensed premises closed for business between midnight and 10:00AM for a minimum of 3 hours on at least one day of the week on a regular basis, and has continued to operate on that same basis.
- Approval is limited to the days of the week that meet early opener criteria.
Guidelines approved by the Minister
The Ministerial Guidelines for hardship and weekend and public holiday variations under sections 40 and 40A of the Gaming Machines Act 2001 were updated by the Minister for Gaming and Racing. This revoked the previous Ministerial Guidelines that were in place and modernised the eligibility requirements.
The approved Ministerial Guidelines can be found:
How ILGA decides on variations
When reviewing variations to shutdown hours, ILGA generally only considers activity near the venue:
- Metro venues: within 1 kilometre, or within the venue’s suburb or SA2.
- Country venues: within 3 kilometres, or within the venue’s suburb or SA2.
You can check your venue’s SA2 area online at Find my LIA band.
ILGA uses a risk-based approach. It considers:
- The statutory objects and criteria in liquor and gaming laws
- Research and evidence, including:
- Crime data.
- Demographic trends.
- Health statistics.
ILGA may also look at whether:
- The venue complies with ILGA Guideline 16 – Late-night Gaming Applications.
- The licensee implements all harm minimisation measures required by law, and can demonstrate this.
- The licensee takes part in the local liquor accord.
- The venue usually trades during the hours requested.
- If the licensee is a club earning over $1 million annually from gaming machines, it participates in the ClubGRANTS Local Committee (if one exists).
Late-night gaming applications
ILGA decides on gaming applications when venues:
- move locations
- trade or lease gaming machine entitlements
- apply to change their gaming machine shutdown hours.
ILGA is especially concerned about applications that increase gaming machine access:
- After midnight in a Band 3 SA2
- After 2:00am in a Band 1 or 2 SA2.
To help applicants, ILGA created ILGA Guideline 16 – Late-night Gaming Applications. This helps show how venues can reduce gambling harm and support responsible gambling.
Guideline 16 applies to applicants seeking:
- A gaming machine threshold increase (under section 34 of the Gaming Machines Act 2001).
- A transfer of gaming machine entitlements or permits.
- A reduction or change to shutdown hours (under sections 40, 40A, and 41 of the Gaming Machines Act 2001).
What ILGA considers
When deciding what’s in the public interest, ILGA looks at:
- The objects of the Gaming Machines Act 2001
- The points in ILGA Guideline 16
- Any submissions you make under Guideline 16.
ILGA favourably considers applications from venues that have taken measures that exceed the minimum requirements under law to reduce gambling harm. To improve your application:
- Refer to the Office of Responsible Gambling fact sheet: Office of Responsible Gambling fact sheet titled ‘Going above and beyond' (Annexure C to the Guideline)
- Show what harm minimisation strategies are in place or will be in place if approved
- Prove you have multiple Foundational Level strategies
- If your venue is higher risk (e.g. in a Band 3 SA2 or trading past 2:00am), show you have Intermediate and Advanced strategies too
- Create a gaming plan of management for your venue
- This is a recommended Foundational Level strategy in the fact sheet.
Lodging an application related to your gaming machine shutdown period
To apply, fill out the change gaming machine shutdown period (PDF 368.54KB) form.
The application fee depends on the change sought. The current fee schedule can be found on the fees for gaming machine related applications web page.
You can send your applications to gaming.applications@liquorandgaming.nsw.gov.au
If your venue has been asked to provide a submission about retaining your existing shutdown, do not complete this form.
Revert back to the general shutdown period
You can apply to revert back to the general shutdown period of 4am to 10am.
Change gaming machine shutdown period to the general 6-hour period form (PDF 733.26KB)