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Introduced in 1998, ClubGRANTS was designed to channel a share of gambling-linked profits from gaming clubs back into local communities. This includes health and welfare services as well as community development and sporting clubs. 

According to the Gaming Machine Tax Act 2001, a tax rebate of up to 1.85% of a club’s gaming machine profits is made available to any registered club that records profits of over $1 million (US$715,000) during a tax year. 

This is only possible if the club in question allocates at least 0.75% of prescribed profits over $1 million to community-focused activities and services. These profits make up two-thirds of the ClubGRANTS scheme funding. 

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But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses. 

The judges highlighted the number of gaming halls in the city remained largely stable after the increase. 

The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.

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“I sometimes wish regulators would look at other cases,” he adds. “I mean, what happened in Germany, what’s happening in the UK.”

This risk is particularly apparent when many offshore operators are established brands rather than unknown entities.

“It’s not a dark alley,” he continues. “It’s a large operator that’s regulated in other places, so it’s not the risk for the player that sometimes is implied.”