Sports Toto’s appeal against Perlis premises’ closure pushed to July

Sports Toto’s appeal against Perlis premises’ closure pushed to July

Parties are awaiting the grounds of judgment, after a leave application by STM Lottery Sdn Bhd and others was rejected by the Kangar High Court on Jan 11.

The appellants seek to challenge the Kangar municipal council’s refusal to renew their business premise licences, effectively shuttering “Sports Toto” outlets in the state. (Facebook pic)
PETALING JAYA:
A gaming licence holder and four others seeking to revive the operation of their “Sports Toto” outlets in Perlis will have to wait for their day in court after the Court of Appeal adjourned their appeal to July 4 for case management.

The adjournment was granted during case management on May 6, as Justice Arik Sanusi Yeop Johari, who heard the matter in the Kangar High Court, has yet to issue his grounds of judgment.

STM Lottery Sdn Bhd and the four individuals are appealing Arik’s refusal to allow them to challenge the rejection of their applications for business premise licences, effectively shuttering “Sports Toto” outlets in the state.

In June last year, Fakhrul Anwar Ismail, the state exco member in charge of housing and local government, said the Perikatan Nasional state government would not issue business premises licences to lottery operators.

The appellants, who include Leong Jenn Kiang, Chin Soo Shian, C Santha and Yip Kok Chyun, filed their leave application on July 26 last year.

They claimed the decision, communicated via notices dated April 27, 2023 issued by the Kangar municipal council, was irrational, ultra vires the powers vested in the council and the state government, and contravenes the Federal Constitution.

The appellants said matters relating to the issuance of gaming licences are within the purview of federal law. The state government had “exceeded its jurisdiction” by encroaching into such matters, they said.

They claimed to have suffered loss of income and have had their livelihood restricted.

“The employees of the (appellants) have also lost or will also lose their jobs and/or source of income (due to the closure of the premises),” they added.

The appellants further claim that the Perlis state government’s decision has also affected the right of non-Muslims to engage in legalised gaming.

The notice of appeal names the Perlis state government, menteri besar Shukri Ramli, Fakhrul, the Kangar municipal council and its president as co-respondents.

Their application was dismissed by the High Court on Jan 11 this year.

The appellants filed their notice of appeal on Feb 5.

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