GAMING MACHINE REVENUE HELPS THE ARTS

New Community Development Expenditure and Support CDSE Guidelines apply from the gaming machine tax year that commenced on 1 September 2007, and have been introduced following an extensive review and consultation process.

The new guidelines now allow Category 2 expenditure for not-for-profit performing arts and visual arts activities and programs.

The CDSE scheme provides registered clubs with tax rebates (up to 1.5% of gaming machine income) when they spend an equivalent amount on community support and expenditure. The round for the distribution of funds runs from 1 September to 31 August each year. Clubs allocate Category 2 funding and while some clubs set deadlines, most accept and consider Category 2 applications year-round. Applicants should contact the individual clubs for more information.

The relevant section 2.2.5 of the revised guidelines states that: “Category 2 expenditure may be provided for non-profit cultural activities, or non-profit visual and performing art activities and programs”.

More information from the Office of Liquor, Gaming and Racing or Clubs NSW

NEW LIQUOR LAWS

On 5 December 2007, new liquor laws were passed by the NSW Parliament. The following aspects are of real importance to creative industries in NSW:

• The objects of the new laws recognise the social and cultural role played by responsible alcohol use.  The objects also recognise that the liquor laws should “contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries”.

• There will be a new on-premises liquor licence, which will be very flexible. An on-premises licence will be available to operate a live music and public entertainment venue – where alcohol is provided to patrons with entertainment. This replaces the current nightclub and theatre licences. A primary purpose test applies – an on-premises licence will not be granted in respect of premises if the primary purposes of the business is the sale of liquor, Therefore, for a public entertainment venue,  the primary product or service is the provision of entertainment to patrons. It will apply to cinemas, theatres, and premises where the “primary business or activity is the provision of entertainment to members of the public by a person who is physically present on the premises and is actually providing the entertainment”.

• The Director of Liquor and Gaming is required to consider the order of occupancy between the licensed premises and the complainant in dealing with a complaint about undue disturbance of the neighbourhood (i.e. a noise complaint).

• Minors will be able to perform in a show or other live entertainment performance held in a hotel or club bar area without committing an offence, so long as the minor is in the company of a responsible adult.

• There will be a new special type of hotel licence for “general bars” that do not operate gaming machines or make takeaway sales, with the cost is to be $500 - significantly less than current levels.

• Restaurants will be able to serve alcohol without a meal by making a simple application where only a small processing fee will apply. The current Dine-or-Drink Authority and the $15,000 fee is abolished, However, the primary purpose test of a restaurant cannot be the sale and supply of liquor. They are not permitted to trade as bars.

The new liquor laws came into effect in New South Wales on 1 July 2008.

For more information including a fact sheet on the new laws, visit the Office of Liquor, Gaming and Racing website at: http://www.olgr.nsw.gov.au/legislation_liquor_reform.asp 

NEW PLACE OF PUBLIC ENTERTAINMENT (POPE) LEGISLATION FOR NSW

Read the Legislation.

For further information, please see the attached NSW Department of Planning October 2007 fact sheet.

BUSKERS NOW ALLOWED TO SELL CD’S IN THE CITY OF SYDNEY