Banning problem gamblers 'overly punitive'

A clinical psychologist is accusing some Nelson bar operators of exploitation and failing in their host responsibility duties after trespass orders were issued to problem gamblers trying to overcome their addiction.

But one venue manager has denied the accusation and defended the trespass orders, saying he is unwilling to risk a $10,000 fine by allowing self-banned problem gamblers into his bars.

Under new provisions in the Gambling Act, people can write to bars identifying themselves as problem gamblers and excluding themselves from gambling areas in pubs and bars.

Under the provisions, venue managers can lose their licences and be fined up to $10,000 for allowing the individuals to gamble on their premises. The individual can be fined $500.

Nelson psychologist Philip Townshend said 15 people from Nelson and Marlborough had taken up the self-banning option in an attempt to knock their gambling on the head.

He was disappointed at the "over-reaction" of some venue managers, who had issued blanket trespass orders banning the individuals from their premises, rather than just applying the ban to the bars' gambling areas.

MaxLam Hospitality Management director Paul Max banned Nelson problem gambler Brenda McQuillan from entering 11 different bars between Christchurch and Wellington.

Dr Townshend said the trespass orders were legal but overly punitive.

For years the industry had exploited problem gamblers and been happy to take their money, he said.

It was now punishing those individuals who attempted to effect positive change in their lives.

"The industry has to have a duty of care towards the consumers of their product. They've never bothered with this in the past."

Internal Affairs gaming operational policy manager Kate Reid said in reply to Dr Townshend's concerns that venue managers were usually in compliance with the law by excluding self-banned gamblers from their entire venue.

"There is no need, however, for venue managers to resort to the Trespass Act to ban people from venues and, in fact, we would regard it as inappropriate in most cases."

Ms McQuillan, who used to gamble up to $10,000 a year, said she had not gambled since implementing the ban in May, despite drinking in bars that offered gambling facilities.

She said the trespass order would unfairly exclude her from drinking with friends and it could also dissuade other problem gamblers from taking similar measures.
Mr Max said he supported the self-banning provisions and he wished Ms McQuillan well in overcoming her addiction, but he had no intention of changing the policy and would prosecute anyone who breached a trespass order.

He said he did not have the resources for staff to watch over self-banned gamblers in his bars and he was not prepared to face the loss of his licence or large financial penalties.

If self-banned gamblers were serious about beating their addiction, they should avoid temptation and drink in bars without gambling facilities, Mr Max said.

- NZPA