The Registration of Clubs (Northern Ireland) Order 1987

SCHEDULES

Article 4(1) and (2).

Schedule 1 PROVISIONS TO BE INCLUDED IN RULES OF CLUB

1.  The business and affairs of the club shall be under the management of a committee or governing body consisting of a secretary, a treasurer and not less than 5 ordinary or life members who are elected to the committee or body for not less than 1 year by the general body of members having rights of voting in relation to the affairs of the club.

2.  Elections to the committee or governing body shall be held annually, and if all the elected members do not go out of office in every year, there shall be fixed rules for determining those that are to.

3.  The committee or governing body shall hold periodical meetings.

4.  The names and addresses of persons proposed as ordinary members of the club shall be displayed in a conspicuous place in the club premises for at least 1 week before their election, and that an interval of not less than 2 weeks shall elapse between the nomination and election of ordinary members.

5.  All members, other than temporary members of a club, shall be elected by the whole body of members having rights of voting in relation to the affairs of the club or by the committee or governing body, with or without specially added members.

6.  If persons, other than such temporary members, are elected as members by a procedure which does not comply with paragraph 4 they shall not be admitted to any of the privileges of membership until the expiration of a period of at least 2 days from their election.

7.  Persons shall not be admitted in such numbers to membership not carrying rights of voting in relation to the affairs of the club as will result in the number of members not having such rights being more than 3 times the number of members having such rights.

8.  No persons shall be allowed to become honorary or temporary members of the club or be relieved of the payment of the regular entrance fee or subscription, except those possessing certain qualifications defined in the rules and subject to conditions and regulations specified in the rules.

9.  There shall be a defined subscription payable by members on election and thereafter annually by a specified date in every year.

10.  No person under the age of 18 shall be admitted to membership of the club.

11.  All members shall carry membership cards while on the premises of the club.

12.  An alphabetical list of the names and addresses of every official and member of the club shall be kept on the premises of the club.

13.  The same person, except where that person is a parent, husband, wife or child of a member, shall not be admitted as a guest of a member to the club premises on more than 20 days in any period of 12 months.

14.  A guest of a member shall not be admitted to the club premises except in the company of a member and the member shall, immediately on the admission of his guest to the club premises, enter his name and address and the name and address of his guest in a book which shall be kept for that purpose and which shall show the date of each visit.

15.  A member shall be responsible for his guest strictly observing the rules and shall not leave the club premises before his guest and a guest of a member shall not be supplied with intoxicating liquor in the club premises unless upon the invitation and in the company of the member.

16.  No member of the committee or governing body, and no manager or servant employed in the club, shall have any personal interest in the supply of intoxicating liquor in the club or in the profits arising from such supply.

17.  No person shall be paid at the expense of the club any commission, percentage or similar payment on or with reference to purchases of intoxicating liquor by the club.

18.  No person shall, directly or indirectly, derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the club or members or guests, apart from any benefit accruing to the club as a whole.

19.  A statement, printed in plain type, of the hours during which intoxicating liquor may be supplied on the premises of the club shall be exhibited in a conspicuous part of the club premises.

20.  Intoxicating liquor shall not be supplied to persons who are not members of the club for consumption outside the premises of the club.

21.  Intoxicating liquor shall not be supplied to members of the club for consumption outside the premises of the club except where the liquor is supplied in such quantities and during such hours, being hours within the permitted hours, and on such days as the sub-divisional commander for the police sub-division in which the premises are situated may authorise in writing.

22.  The date of the end of the financial year of the club.

Articles 5(1), 6(2), (3), (4), (5)(a), 37(1)(a)(i), 47(1) and Schedule 5.

Schedule 2 APPLICATIONS FOR THE GRANT OF REGISTRATION

1.—(1) The secretary of a club which intends to make an application for the grant of registration shall—

(a) not less than—

(i) in the case of an application in respect of a club the registration of which has been cancelled under Article 11 and the premises of which have not been disqualified under Article 13(1)(b), 1 year; or

(ii) subject to sub-paragraph (2), in any other case, 2 years; before the time of the opening of the court sittings at which application is to be made, serve notice of the application upon the chief clerk and at the same time serve a copy of the notice upon—

(aa) the sub-divisional commander of the police sub-division in which the premises of the club are situated; and

(ab) the district council for the district in which the premises of the club are situated;

(b) not more than 8 weeks or less than 4 weeks before that time, cause notice of the application to be published at least once in 2 newspapers circulating in the vicinity of the premises of the club for which the grant of registration is to be sought;

(c) not less than 4 weeks before that time serve notice of the application upon the chief clerk and at the same time serve a copy of the notice upon the sub-divisional commander mentioned in head (a)(aa) and the district council mentioned in head (a)(ab);

(d) during the 4 weeks before that time, cause notice of the application to be displayed, in such manner as may be required by regulations, outside the premises for which the grant of registration is to be sought.

(2) Sub-paragraph (1)(a)(ii) shall not apply if the applicant is a registered club.

2.—(1) The notices mentioned in paragraph 1 shall be in such form and shall contain such information as may be prescribed by county court rules.

(2) The applicant shall attach to the notice mentioned in paragraph 1(1)(c) and to the copy of that notice required to be served on the sub-divisional commander and the district council such information, particulars and documents with respect to the club, its officers and members, its objects and activities, its accounts and financial standing as may be required by regulations.

3.  The sub-divisional commander mentioned in paragraph 1(1)(a)(aa), the district council mentioned in paragraph 1(1)(a)(ab) or any person owning, or residing or carrying on business in, premises in the vicinity of the premises of the club for which the registration is sought shall be entitled to appear at the hearing of the application and to object to the grant of registration of the club on any of the grounds mentioned in Article 6(5) and (6).

4.  A person intending to object under paragraph 3 shall, not less than 1 week before the time mentioned in paragraph 1(1)(a)—

(a) serve upon the club notice of his intention to object, briefly stating his grounds for so doing;

(b) serve a copy of the notice upon the chief clerk.

Articles 8(2), (3), (4), (5)(a), 37(1)(a)(ii), 47(1) and Schedule 5.

Schedule 3 APPLICATIONS FOR THE RENEWAL OF REGISTRATION

1.  The secretary of a club which intends to make an application for the renewal of the registration of a club shall—

(a) not more than 8 weeks or less than 4 weeks before the renewal date cause notice of the application to be published at least once in 2 newspapers circulating in the vicinity of the premises of the club for which renewal of registration is sought;

(b) not less than 4 weeks before the renewal date, serve notice of the application upon the clerk of petty sessions and at the same time serve a copy of the notice upon—

(i) the sub-divisional commander of the police sub-division in which the premises of the club are situated;

(ii) the district council for the district in which the premises of the club are situated;

(c) during the 4 weeks before the renewal date, cause notice of the application to be displayed, in such manner as may be required by regulations, outside the premises for which renewal of registration is sought.

2.—(1) The notices mentioned in paragraph 1 shall be in such form and shall contain such information as may be prescribed by magistrates' court rules.

(2) The applicant shall attach to the notice mentioned in paragraph 1(b) and to the copy of that notice required to be served on the sub-divisional commander and the district council such information, particulars and documents with respect to the club, its officers and members, its objects and activities, its accounts and financial standing as may be required by regulations.

3.  The sub-divisional commander mentioned in paragraph 1(b)(i), the district council mentioned in paragraph 1(b)(ii) or any person owning, or residing or carrying on business in, premises in the vicinity of the premises of the club for which the renewal of the registration is sought shall be entitled to appear at the hearing of the application and to object to the renewal of registration on any of the grounds mentioned in Article 8(5) and (6).

4.  A person intending to object under paragraph 3 shall, not less than 1 week before the renewal date—

(a) serve upon the club notice of his intention to object, briefly stating his grounds for so doing;

(b) serve a copy of the notice upon the clerk of petty sessions.

5.  Before the renewal date the applicant shall deposit the certificate of registration with the clerk of petty sessions.

Article 47(2).

Schedule 4 AMENDMENTS

The Northern Ireland (Emergency Provisions) Act 1978 (c. 5)

1.  In paragraph 5 of Schedule 3 for “Registration of Clubs Act (Northern Ireland) 1967” substitute “Registration of Clubs (Northern Ireland) Order 1987”.

The Alcoholic Liquor Duties Act 1979 (c. 4)

2.  In section 4(1), in the definition of “registered club” for “Registration of Clubs Act (Northern Ireland) 1967” substitute “Registration of Clubs (Northern Ireland) Order 1987”.

The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (1985 N.I. 11)

3.  In Article 2(2), in the definition of “registered club” for sub-paragraph (b) substitute—

“(b) under the Registration of Clubs (Northern Ireland) Order 1987”.

4.  In Article 96—

(a) in paragraph (4)(e) for “Registration of Clubs Act (Northern Ireland) 1967” substitute “Registration of Clubs (Northern Ireland) Order 1987”;

(b) for paragraph (6)(b) substitute—

“(b) that registration under that Order of 1987 or a certificate of registration under the Registration of Clubs Act (Northern Ireland) 1967 has been cancelled or that an application for renewal of such registration or certificate of registration has been refused”.

5.  In Article 99(2)(e) for “Registration of Clubs Act (Northern Ireland) 1967” substitute “Registration of Clubs (Northern Ireland) Order 1987”.

6.  For Article 103(1)(e) substitute—

“(e) that the club is registered under the Registration of Clubs (Northern Ireland) Order 1987; or”.

7.  In Article 105—

(a) in paragraph (1) for “Registration of Clubs Act (Northern Ireland) 1967” substitute “Registration of Clubs (Northern Ireland) Order 1987”;

(b) in paragraph (7)—

(i) for “registrar (within the meaning of that Act of 1967)” substitute “clerk of petty sessions”;

(ii) for “section 10 of that Act of 1967” substitute “Article 7(1) of that Order of 1987”;

(iii) for “section 13 of that Act” substitute “Article 14 of that Order”.

Article 47(3).

Schedule 5 TRANSITIONAL PROVISIONS AND SAVINGS

Interpretation

1.  In this Schedule—

“Act of 1967” means the Registration of Clubs Act (Northern Ireland) 1967;

“commencement date” for the purposes of any provision of this part, means the day appointed under Article 1(2) for the coming into operation of that provision;

“existing certificate” means a certificate of registration granted under the Act of 1967.

PART I TRANSITIONAL PROVISIONS

Existing certificates

2.  Notwithstanding the repeal of the Act of 1967 by Article 47(4) and Schedule 6, any existing certificate in force immediately before the commencement date shall on and after that date be deemed to be a certificate of registration issued under Article 7(1) and shall, unless registration is cancelled or a disqualification order takes effect under Article 13 or 38, continue in force until the 31st January next following that date.

Applications for certificates

3.—(1) Where, before the commencement date, notice of application to a court of summary jurisdiction for the grant of a certificate of registration has been published and served under the Act of 1967, the court may proceed to hear the application and exercise any power which is exercisable by a county court under this Order in relation to the grant of registration and the court may treat the application as complying with Schedule 2 notwithstanding that some provision of that Schedule has not been complied with.

(2) Where a court of summary jurisdiction exercises the jurisdiction conferred by sub-paragraph (1), the provisions of this Order and of county court rules relating to the grant of registration (except any provision requiring the chief clerk to send documents to the clerk of petty sessions) shall have effect with any necessary modifications.

Renewals of certificates

4.  Where, before the commencement date, notice of application to a court of summary jurisdiction for the renewal of an existing certificate has been published and served under the Act of 1967, the application may be treated by the court as an application complying with Schedule 3 notwithstanding that some provision of that Schedule has not been complied with.

Registration of existing clubs

5.—(1) The secretary of a club in existence immediately before the commencement date may, within a period of 6 months after the commencement date,—

(a) if the club will have been in existence for 2 years at the time of the opening of the court sittings at which the application is to be made, make an application under Article 6 for registration of the club; or

(b) if the club will have been in existence for 2 years on a date after the end of that period, serve notice of the intention to make an application under Article 6 for registration of the club on or after that date upon the chief clerk and at the same time serve a copy of the notice upon—

(i) the sub-divisional commander of the police sub-division in which the premises of the club are situated; and

(ii) the district council for the district in which the premises of the club are situated.

(2) Where by virtue of sub-paragraph (1) an application is made under Article 6 for the registration of a club—

(a) paragraph (5)(g) of that Article shall have effect as if there were inserted at the beginning “that the club has been in existence, and”; and

(b) Schedule 2 shall have effect as if—

(i) paragraph 1(1)(a) were omitted; and

(ii) in paragraph 1(1)(b) for “that time” there were substituted “the time of the opening of the court sittings at which application is to be made”; and

(iii) in paragraph 1(1)(c) for “mentioned in head (a)(aa)” there were substituted “of the police sub-division in which the premises of the club are situated” and for “mentioned in head (a)(ab)” there were substituted “for the district in which the premises of the club are situated”; and

(iv) in paragraph 4 for “(a)” there were substituted “(b)”.

Other transitional provisions

6.  An order under Article 1(2) may make such transitional provision as appears to the Head of the Department to be necessary or expedient in connection with the provisions thereby brought into operation.

PART II SAVINGS

7.  References in any document (whether express or implied) to any statutory provision repealed by this Order or by the Act of 1967 shall, except where the context otherwise requires, be construed respectively as, or as including, a reference to this Order or to the corresponding provision of this Order.

8.  The provisions of this Schedule shall have effect without prejudice to section 29 of the Interpretation Act (Northern Ireland) [1954 c. 33 (NI)] 1954.

Article 47(4).

Schedule 6 REPEALS

Chapter or number	Short title	Extent of repeal
1967 c. 27.	The Registration of Clubs Act (Northern Ireland) 1967.	The whole Act.
1981 NI 26.	The Magistrates' Courts (Northern Ireland) Order 1981.	In Schedule 6, in part II, paragraphs 81 and 82.