Woman overturns casino ban over ‘unaffordable’ gambling
A woman was banned from a casino after spending more than half her income on gambling, but she argued her multi-million dollar inheritance gave her the means.
A woman barred from gambling at a casino over staff concerns she was “overspending” as a pensioner has had the ban overturned based on her multi-million dollar inheritance.
On February 9, 2023, a woman referred to in court documents as ‘SB’ was issued with an exclusion direction by Star Gold Coast and Treasury Brisbane casinos prohibiting her from entering or remaining in the company’s casinos or taking part in wagering.
SB had attended Star Gold Coast casino between five and six days a week since April 2022 and was given access to the VIP members’ room.
She was banned after Star calculated she was spending more than half of her income on gambling.
SB sought to overturn the ban as the casino was a “social outlet”for her and she could afford her gambling based on inheriting real estate worth between $2.8 million and $3.6 million.
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In a decision handed down late December, Queensland Civil and Administrative Tribunal member Michael Howe found SB’s time and money spent in the casino “seems excessive” but she was not adversely affecting herself to the point where a ban was warranted under legislation.
“It is arguable that any gambling losses she suffers have a negative effect on her financial standing. However, her overall financial position must be taken into account and that seems fairly healthy,” Howe said.
“Her overall wealth is a factor to be taken into account when considering how the amount of money spent on gambling affects her.”
When casino staff asked SB about spending $30,000 at the casino between April 2022 and January 2023, SB said she was not concerned because she had her own money.
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SB denied overspending but agreed to a limit that would halve her weekly gambling budget to $500.
Later that month Star Casino deactivated SB’s VIP swipe card and asked her to provide more information about her finances.
Star calculated SB’s annual income at $51,000, primarily from fortnightly carer’s payments, and informed her she was being excluded as a problem gambler.
QCAT heard from SB’s psychologist she “believed her honour and integrity had been attacked, she felt humiliated by the exclusion and she found it difficult to cope”.
Star records showed SB leaving the casino on 29 occasions after taking her winnings and not feeding them back into gambling.
In its defence, Star said SB’s real estate holding was not a liquid asset and was still spending more than 50 per cent of her cash income on gambling.
Star said SB had shown behaviour suggesting a gambling problem, such as crying while interacting with staff.
Howe said Star had failed to give SB a chance to stick to her agreed $500 weekly gambling limit but she was also “the author of much of her own difficulties”.
“Star was acting responsibly in asking her about her financial standing … but she either failed to comprehend what reasonable information was being sought or avoided providing it,” Howe said.
National Gambling Helpline 1800 858 858
