Warning Off - Mr Alan Nightingale
Acting under Local Rule of Racing 6 (LR 6), Racing NSW, on Friday, 28 October 2011, warned off Mr Alan Nightingale of Denman, from all racecourses under its control.
Racing NSW took the action because of Mr Nightingale’s (also operating as Nightingale Thoroughbreds) conduct regarding activities in the racing industry encompassing the failure in respect to his conduct and the operation of the business, Nightingale Thoroughbreds, including issues of non-compliance with the provisions of ASIC Class Order 02/319; allegations of outstanding debts owing to racing industry suppliers; lack of co-operation and refusal of directions from Racing NSW in its role as Lead Regulator; and complaints from owners against Nightingale Thoroughbreds in regard to alleged unprofessional behaviour and his own behaviour toward some persons or clients within the racing industry, including Racing NSW staff.
Under Australian Rule of Racing 183 a warned off person is subject to the same disabilities as a disqualified person penalised by AR182 (1),(2),(3) & (4) and 182A.
AR 182. (1) Except with the consent of the Principal Racing Authority that imposed the disqualification, and upon such conditions that they may in their discretion impose, a person disqualified by the Stewards or a Principal Racing Authority shall not during the period of that disqualification:- [amended 1.2.01]
(a) Enter upon any racecourse or training track owned, operated or controlled by a Club or any land used in connection therewith;
(b) Enter upon any training complex or training establishment of any Club or licensed person;
(c) Be employed or engaged in any capacity in any racing stable;
(d) Ride any racehorse in any race, official trial, jump-out or test; [amended 1.9.09]
(e) Enter or nominate any racehorse for any race or official trial; or [amended 1.9.09]
(f) Subscribe to any sweepstakes;
(g) Race or have trained any horse whether as owner, lessee or otherwise;
(h) Share in the winnings of any horse;
(j) Participate in any way in the preparation for racing or training of any racehorse. [para added 1.2.01]
(2) Except with the consent of the Principal Racing Authority that imposed the disqualification, no person who in the opinion of the Principal Racing Authority or the Stewards is a close associate of a disqualified person shall be permitted to train or race any horse. [subrule (2) amended 1.10.00]
(3) Unless otherwise determined by the Principal Racing Authority that imposed or adopted the penalty, the period of disqualification of any person who contravenes any of the provisions of subrule (1) of this rule, shall automatically recommence as from the most recent date of such contravention, and the person may also be subject to further penalty. [subrule added 1.12.10]
(4) The provisions of subrule (3) shall apply to any person to whom AR182 applies, regardless of when such penalty that gives rise to the application of the rule was imposed. [subrule added 1.12.10]
AR 182A. A bookmaker shall not bet by telephone or otherwise with a disqualified person.
AR 183. A person warned-off by a Principal Racing Authority shall be subject to the same disabilities as a person disqualified.