Licensing (Scotland) Act 1976 (repealed)

103 Application for certificate of registration. S

(1) An application for a certificate of registration in respect of any club shall be signed by the chairman, secretary or solicitor of the club, and shall be lodged with the registrar.

(2) There shall be specified in any such application—

(a) the name of the club;

(b) the objects of the club;

(c) the address of the premises occupied by the club.

(3) There shall be lodged along with any such application—

(a) two copies of the rules of the club;

(b) a list containing the name and address of each official and each member of the committee of management or governing body of the club; and

(c) a statement in the form set out in Schedule 6 to this Act certifying that the club is to be or, in the case of an existing club, has been and is to be conducted as a bona fide club and not mainly for the supply of alcoholic liquor.

(4) Any such statement as is referred to in subsection (3)(c) above shall be signed by two members of the licensing board for the area in which the premises occupied by the club are situated, and, if the premises occupied by the club are not owned by it, the statement shall be signed also by the owner of the premises or, if the owner is under a legal disability, by his legal representative:

Provided that any member of a licensing board who has signed the statement may, within ten days of that signature, withdraw his name therefrom.

[F1 (5) Subject to subsection (5A) below, any change—

(a) made in the rules of the club; or

(b) which renders the information contained in the list lodged under subsection (3)(b) above, or as the case may be, the new list last lodged under this or the following subsection, inaccurate or incomplete.

shall be intimated to the registrar forthwith; and where intimation is under paragraph (b) of this subsection there shall be lodged therewith a new list containing the name and address of each official and each member of the committee of management or governing body of the club after the change.

(5A) Where a change such as is mentioned in subsection (5)(b) above was made before the date on which section 21 of the M1 Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 came into force and the change was duly intimated to the registrar under the provisions of this Act applying before that date, no further intimation of the change shall be required but a new list containing the name and address of each official and each member of the committee of management or governing body of the club at that date shall forthwith be lodged with the registrar.]

(6) If any person in an application under this section or in any of the [F2 documents specified in subsection (3), (5) or (5A)] above makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence.

(7) If subsection (6) above is contravened as regards any club, every person [F3 whose name is, at the time of the contravention, contained in the list lodged under subsection (3)(b) above, or as the case may be in the new list last lodged under subsection (5) or (5A) above, in respect of that club shall be guilty of an offence under subsection (6) above]:

Provided that a person shall not be convicted of such an offence if he proves that the contravention in question took place without his knowledge or consent.

Textual Amendments

F1 S. 103(5)(5A) substituted for s. 103(5) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 21(1)(a)

F2 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 21(1)(b)

F3 Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 21(1)(c)

Marginal Citations

M1 1980 c. 55(36:3).