9(1)The sheriff shall refuse to register or to renew the registration of a club in Scotland under Part II of this Act if it appears to the sheriff that the club—E+W+S
(a)is not a bona fida members’ club, or
(b)has less than twenty-five members, or
(c)is of a merely temporary character.
(2)Without prejudice to the preceding sub-paragraph, the sheriff shall refuse to register a club or to renew the registration of a club under Part II of this Act if it appears to the sheriff that the principal purpose for which the club is established or conducted is gaming, unless the sheriff is satisfied that the gaming in question consists exclusively of playing bridge or whist, or both bridge and whist.
10E+W+SThe sheriff may refuse to register a club or institute under Part II of this Act where the club or institute has previously been so registered and either—
(a)its registration has been cancelled, or
(b)an application for renewal of that registration has been refused.
11E+W+SThe sheriff may refuse to renew the registration of a club or institute under Part II of this Act on any one or more of the following grounds, in addition to those specified in paragraph 9 of this Schedule, that is to say—
(a)that a person has been convicted of an offence under this Act in respect of a contravention, in connection with the relevant premises, of any of the provisions of this Act or of any regulations made thereunder;
(b)that, while the club or institute has been registered under Part II of this Act the relevant premises have not been so conducted as to prevent disturbance or disorder;
(c)that, while the club or institute has been so registered, gaming on the relevant premises has been dishonestly conducted;
(d)that, while the club or institute has been so registered, the relevant premises have been used for an unlawful purpose or as a resort of criminals or prostitutes;
(e)that any duty payable in respect of the premises under section 13 . . . F1 of the M1Finance Act 1966 [F2or section 2 of or Schedule 1 to the M2Finance Act 1970][F3or section 13 of or Schedule 2 to the M3Betting and Gaming Duties Act 1972 [F4or section 14 of or Schedule 2 to the Betting and Gaming Duties Act 1981]] remains unpaid.
[F5(f)that any bingo duty . . . . F6 payable in respect of bingo played on the premises remains unpaid;
and where the sheriff entertains an application for the renewal of registration and is satisfied that any bingo duty payable as mentioned in sub-paragraph (f) above remains unpaid, he shall refuse the application.]
Textual Amendments
F1Words repealed by Finance Act 1969 (c. 32), Sch. 21 Pt. I
F2Words inserted by Finance Act 1970 (c. 24), Sch. 1 Pt. II para. 16(2)
F3Words inserted by Betting and Gaming Duties Act 1972 (c. 25), s. 29(1), Sch. 5 para. 5
F4Words inserted by Betting and Gaming Duties Act 1981 (c. 63, SIF 12:2), s. 34(1), Sch. 5 para. 2
F5Para. 11(f) added by Finance Act 1969 (c. 32), Sch. 9 para. 24
F6Words repealed by Betting and Gaming Duties Act 1972 (c. 25), Sch. 7
Marginal Citations
12E+W+SThe sheriff shall refuse to renew the registration of a club under Part II of this Act if he is satisfied that, while the club has been registered thereunder, the relevant premises have been habitually used for an unlawful purpose or as a resort of criminals or prostitutes.