CLUB IQ May2017 | Page 36

Silver Sponsor Level 25, 1 O’Connell Street, Sdyney NSW 2000 +61 2 8248 5800 www.tglaw.com.au ENTITLEMENTS: PLAYING THE GAME PROPERLY Brett Boon and Arj Puveendran Clubs that want to buy or sell gaming machine entitlements need to understand the fundamentals when negotiating in this marketplace. In any industry, it is important that each party that enters into a transaction takes all steps to get it right. Sometimes, parties miss certain steps to cut costs or approach the transaction commercially - only to suffer the consequences at a later stage. IQ 36 These can be straightforward transactions: a club agrees to sell some of its entitlements to another club, lodges an application with Liquor & Gaming NSW, and then arranges to switch on the gaming machines attached to the new entitlements once the application is approved. However, there are a number of steps that clubs may miss which could mean that the value each party is expecting won’t be realised. Below are 6 key issues clubs should watch out for: 1. Contracts: As the transaction can appear straightforward, clubs sometimes avoid signing a contract. However, it is essential to have a properly drafted contract in place. As for all transactions, anything can happen – clubs need to be able to go back to a proper document that sets out each party’s rights and obligations.