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Casino Gaming (Designated Site) (No.2) Order

Wednesday, November 23, 2016
Grant Gibbons

Ministerial Brief by the Spokesperson for Transport and Municipalities, The Hon. Dr. E. Grant Gibbons, JP, MP 

Introduction and Purpose

Mr. Speaker, and Honourable Members of this House, I am pleased to introduce the Order entitled “Casino Gaming (Designated Site) (No.2) Order.” This Order relates to the Fairmont Hamilton Princess Hotel situated on Pitts Bay Road in Pembroke.

Honourable Members will be recall that the purpose of the Casino Gaming Act 2014 (“the Act”) is to provide for a licensing and regulatory regime for gaming in Bermuda – which includes gaming in hotel resorts that are granted a license to operate a casino within their premises in accordance with section 38 of the Act.

Mr. Speaker, in order for a hotel to operate a casino, the owner of land or an existing tourist resort must first have their property designated under section 4 of the Act and make an application to the Minister for that purpose.  An application must be made in such form as the Gaming Commission may from time to time approve, and it must be accompanied by the prescribed fee and contain such information as plans, specifications, drawings, resports and other documents, as may be prescribed.

In accordance with the Act, a “designated site” is defined as any parcel or parcels of land or any building or part thereof and the land on which it stands designated by the Minister under section 4 as a site on which a casino may be located.

Mr. Speaker, Following their application, and in June of this year, the Fairmont Hamilton Princess was named as a designated site thereby making them eligible to apply for a casino licence  They were recommended for designation by the Bermuda Casino Gaming Commission and subsequently approved by the Minister responsible for Gaming.

Mr. Speaker, upon approval of an application to become a designated site, subject to section 4(1) of the Act, the Minister, acting on the advice of the Commission may by order published in the Gazette, designate, a parcel of land or an existing tourist resort as a site for an integrated resort. 

If any condition imposed in relation to a Designated Site Order has not been complied with or begun within the period specified in relation to the Order, this may result in the Order being revoked and a new application required to be made.

Mr. Speaker, an order made by the Minister within the authority of this Act is subject to the affirmative resolution procedure, hence the Designated Site Order before this Honourable House today.

Thank you Mr. Speaker. 

Explanation of Paragraphs

Mr. Speaker, the Minister responsible for gaming, in exercise of the powers conferred by section 4(1) of the Casino Gaming Act 2014, acting on the advice of the Bermuda Casino Gaming Commission, hereby makes the following Order:


Paragraph 1:  This Order may be cited as the Casino Gaming (Designated Site) (No 2) Order 2016. Designated site

Paragraph 2:  All that parcel of land in Pembroke Parish, Bermuda described in Schedule 1, as shown delineated on the Property Plan that is set out in Schedule 2, is hereby declared to be a designated site for an integrated resort for the purposes of section 4 of the Casino Gaming Act 2014.


ALL THAT certain parcel of land situate in Pembroke Parish in the Islands of Bermuda containing Two decimal point nine four one hectares (2.94 ha) or 7.269 acres delineated on the plan set out in Schedule 2 and thereon partly verged pink and partly coloured Green bounded NORTHERLY in part by the waters of Pitts Bay in part by land now or lately of the Bermuda Boat and Canoe Club and measuring along the land of the said Club One decimal point five two four metres (1.524 m) (5 feet) and as to the remainder of the Northerly boundary by the Pitts Bay public Road and there measuring along the margin of the said Public Road Twenty-eight decimal point nine five metres (28.95 m) (95 feet) and One hundred and three decimal point three two metres (103.32 m) (339 feet) EASTERLY in part by the strip of land formerly held herewith but now in the possession of the Bermuda Government and there measuring Four decimal point four two metres (4.42 m) (14 feet 6 inches) and in part by land formerly of the Hygeia Ice Co. Ltd. but now or lately of Pearman Watlington Co. Ltd. and there measuring One hundred and thirty three decimal point three five metres (133.35 m) (437 feet 6 inches) and on all other sides by the waters of Hamilton Harbour except for a small portion of the Western boundary at its Northern end where the property is bounded SOUTHERLY by the waters of Pitts Bay and measures One decimal point five two four metres (1.524 m) (5 feet) and WESTERLY by land now or lately of the said Bermuda Boat and Canoe Club and there measuring Eleven decimal point two eight metres (11.28 m) (37 feet) OR HOWEVER OTHERWISE the said parcel of land may be bounded may measure or ought to be described TOGETHER WITH the structures thereon erected comprising the Princess Hotel and its ancillary buildings fixtures walls fences ways rights-of-way rights lights wharves landing-places liberties privileges easements advantages and appurtenances whatsoever to the said parcel of land belonging or in anywise appertaining or usually held or enjoyed therewith or reputed as part thereof or appurtenant thereto AND TOGETHER WITH all foreshore encroachment licences appertaining to the said hereditaments and appurtenances.

Mr. Speaker, this concludes the reading of the Casino Gaming (Deisgnated Site) Order 2016.