BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Statutes of Northern Ireland |
||
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/rocai1967395.txt |
[New search] [Help]
REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - LONG TITLE An Act to consolidate the Registration of Clubs Acts (Northern Ireland) 1904 to 1966. [14th December 1967] PART I REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 1 1. No intoxicating liquor shall be supplied or kept for supply on the premises of a club unless there is in force a certificate of registration (in this Act referred to as "a certificate") issued under section 10 to the club in respect of those premises. Applications for and renewals of certificates. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 2 2.(1) Where a club desires to obtain a certificate or the renewal of a certificate, the secretary of the club shall, not later than 30th November in any year, lodge with the clerk of petty sessions (in this Act referred to as "the registrar") for the petty sessions district in which are situate the premises for which the certificate is sought or to which the certificate to be renewed relates (a)an application signed by the chairman or secretary of the club stating (i)the name of the club; (ii)the objects of the club; <(iii)the address of the premises; <(iv)the estimated maximum number of members of the club; (v)where the premises are not owned by the club, the name and address of every person beneficially entitled to receive any payment made by the club for the use of the premises; and <(vi)in the case of a nightworkers club, that the club is a nightworkers club; (b)a copy of the rules of the club; (c)a list containing the names and addresses of the officials and committee of management or governing body of the club and the names of members of the club; (d)subject to subsection (5), a map or plan of the premises and a description of the accommodation, facilities and amenities provided by the club; (e)where the premises are not owned by the club, a declaration in or as nearly as may be in Form A set out in Schedule 1, which declaration shall be signed by every person beneficially entitled to receive any payment made by the club for the use of its premises or, where any such person is under any disability, by his legal representative. (2) On every application by a club for a certificate or for the renewal of a certificate, the club shall pay to the registrar a court fee of [#10]. (3) A copy of the application and of all other documents which are required by subsection (1) to be lodged with the registrar shall at the time of such lodgment be sent by or on behalf of the club to the Ministry and to the district inspector of the Royal Ulster Constabulary for the area in which the club premises are situate. (4) Where an application for a certificate or, as the case may be, for the renewal of a certificate has been lodged with the registrar, the club shall, in the month of November in the year in which the application is lodged, cause to be published once in the Belfast Gazette and at least once in each of two newspapers circulating in the locality in which the premises of the club are situate a notice in such form and containing such information as may be prescribed by regulations made by the Ministry subject to negative resolution. (5) Subsection (1)(d) shall not apply in relation to an application for the renewal of a certificate unless the premises have been structurally altered since the date of the immediately preceding application whether for an original certificate or the renewal of a certificate, so however that the court hearing the application may, notwithstanding anything in this subsection, require the production of the map or plan and the other information mentioned in the said paragraph (d). REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 3 Contents of rules to qualify for registration. 3.(1) Subject to subsection (2) and section 4, a club shall not be eligible to be registered under this Act unless (a)the rules of the club contain the provisions specified in Schedule 2; (b)the hours fixed by the rules of the club for the supply of intoxicating liquor on the premises of the club are (i)on Sundays, Christmas Day and Good Friday, not more than six, beginning not earlier than noon and ending not later than half-past ten in the evening, (ii)on any other day, not more than twelve, beginning not earlier than ten in the morning and ending not later than half-past eleven in the evening; and (c)the hours fixed by the rules for the purposes of paragraph (b)(i) are such that intoxicating liquor shall not be supplied on the premises of the club during a period of at least two consecutive hours between two in the afternoon and five in the afternoon. (2) In the application of subsection (1)(a) and Schedule 2 to a club which is primarily devoted to an athletic purpose, paragraph 10 of that Schedule shall be omitted. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 4 Nightworkers clubs. 4.(1) Where an application under section 2 states that the club in respect of which the application is made is a nightworkers club and on the hearing of the application the court is satisfied that the members of the club are persons who by reason of the times during which they are normally employed would be unable to take advantage of facilities provided by clubs to which paragraphs (b) and (c) of section 3(1) apply, the court shall direct the registrar to add to the form of certificate issued pursuant to section 10 and Schedule 1 the following statement: xtf1lf40f3f1f3f1lf40lf4001on Sundays, Christmas Day and Good Friday, the total of those hours shall not exceed six and the hours during which the supply of intoxicating liquor is prohibited shall include a period of at least two consecutive hours between two in the afternoon and five in the afternoon; (b)on other days, the total of those hours shall not exceed twelve; and (c)those hours shall not include any period between half-past one in the morning and six in the morning of any day. (3) Where under subsection (2) the court has fixed or varied the hours during which intoxicating liquor may be supplied on the premises of a club (a)the court shall cause a note of the hours so fixed or varied to be entered in the register of clubs; and (b)where the hours specified in the rules of the club differ from the hours so fixed or varied, the rules shall be amended so as to prohibit the supply of intoxicating liquor on the club premises otherwise than during the hours so fixed or varied and if the rules are not so amended by the club within the period of twelve months next following the fixing or varying of the hours by the court, the court shall not, after the expiry of that period, renew the certificate of registration. (4) The rules of the club shall prohibit the admission of visitors to, or their presence in, the club premises between the hours of midnight and ten in the morning next following. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 5 Meaning of ""permitted hours''. 5. In this Act the expression "permitted hours" means the hours fixed by the rules of a club for the purposes of section 3 or, in the case of a nightworkers club, by the court under section 4. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 6 Objections to grant of applications for the issue or renewal of certificates. 6.(1) A district inspector of the Royal Ulster Constabulary acting for the district in which the club premises are situate and any person owning or occupying premises in the neighbourhood of the club premises may lodge objections to the grant of an application for the issue or renewal of a certificate on any of the grounds specified in Schedule 3. (2) Objections shall be lodged by the objector with the registrar, and a copy of the objections shall be sent by the objector to the secretary of the club concerned, within twenty-one days of the date of the last publication required to be made by section 2(4). REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 7 Hearing of applications. 7.(1) Applications for, or for the renewal of, certificates shall, subject to section 12(1), be brought before the court in the month of January in each year. (2) A resident magistrate shall not adjudicate on the hearing of an application or complaint affecting a club of which he is a member. (3) Subject to subsection (4), every applicant for, or for the renewal of, a certificate and every objector who has complied with section 6(2) shall be entitled to appear and be heard at the hearing of the application and, in the case of an objector, to oppose the grant of the application on the grounds specified in his objection. (4) The court shall not consider any objection to the grant of the application unless it is made on one or more of the grounds specified in Schedule 3. (5) Without prejudice to any other power of the court to adjourn proceedings, the court may adjourn the hearing of an application to a future day in order to (a)enable the club or the district inspector of the Royal Ulster Constabulary appearing on the application to produce evidence or further evidence to the court; or (b)enable the club to bring its rules into conformity with section 3 and Schedule 2. (6) If upon the hearing of an application any persons are entitled to be heard under subsection (3) of this section or under section 8(3), the court shall hear those persons, and may order such enquiry as it thinks fit, and thereafter shall grant or refuse the application. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 8 Matters on which court must be satisfied before granting an application. 8.(1) The court shall not grant an application for a certificate or a renewal thereof unless it is satisfied by the club as to the following matters: (i)that the premises of the club are in all respects (including location, accommodation, facilities and amenities) suitable and proper having regard to the objects of the club and to the estimated maximum number of members thereof; (ii)that the club is, and is intended to be, conducted in good faith as a club and not mainly for the supply of intoxicating liquor and, in the case of an application for an original certificate, has been conducted in good faith as a club for not less than the twelve months immediately preceding the date on which the application for such certificate was lodged under section 2; (iii)that the provisions of the rules of the club and of this Act are, and are intended to be, complied with; (iv)that the hours during which intoxicating liquor may be supplied on the premises in accordance with the rules of the club are within the limits laid down by section 3(1)(b) and (c), and are suitable and proper having regard to the objects of the club; (v)where the application is for the renewal of a certificate, that the club has, for the year immediately past, been conducted in accordance with its rules in good faith as a club and not mainly for the supply of intoxicating liquor; (vi)where the application is for an original certificate, that there is not sufficient club accommodation of a similar character already in existence in the neighbourhood in which the club premises are situate. (2) Subsection (1)(iv) shall not apply to a nightworkers club to which section 4(2) to (4) applies. (3) Any district inspector of the Royal Ulster Constabulary shall be entitled to be heard in relation to the matters set forth in subsection (1). REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 9 Grant and renewal of certificates, costs and appeals. 9.(1) If no objections are taken under section 6, the court, if satisfied that the application for the grant of a certificate or a renewal thereof, has been duly made and that the rules of the club are in conformity with the provisions of this Act, shall, subject to section 8(1), grant the application. (2) The court may, where a club making application for the renewal of a certificate fails to comply with the provisions of section 2 as to the time before or within which such application or a copy thereof is required to be lodged or a notice is required to be published, grant the application if satisfied that the failure was due to inadvertence and that every person entitled to object to the application had a reasonable opportunity to do so. (3) The court may order that the successful party on any application for the issue or renewal of a certificate to which objections are lodged under section 6 shall recover costs from the unsuccessful party, in like manner as it may order in any summary proceedings by virtue of section 164 of the Magistrates' Courts Act (Northern Ireland) 1964. (4) The decision of the court, on an application for the issue or renewal of a certificate, or in cancelling a certificate under the provisions of section 14, shall be subject to appeal under Part XIII of the Magistrates' Courts Act (Northern Ireland) 1964. (5) Where an appeal is brought under subsection (4) against the refusal of an application for the renewal of a certificate or against an order for the cancellation of a certificate, the certificate shall remain in force pending the determination of the appeal. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 10 Procedure on grant of application. 10. Where the court grants an application for the grant of a certificate or a renewal thereof (a)the court shall cause the entries required by section 13 to be made in the register; (b)the registrar shall issue to the applicant a certificate in Form B set out in Schedule 1. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 11 Duration of certificates. 11.(1) Subject to subsection (2) and section 12, a certificate shall remain in force until the 31st January in the year next following the year in which the certificate was issued. (2) Where an application has been made for the renewal of a certificate, that certificate shall remain in force for a further period not exceeding three months pending the final determination of the application by the court so however that the court may extend that further period by a further period not exceeding three months. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 12 Application for certificate where club transfers to new premises. 12.(1) Where a club proposes to transfer from premises in respect of which a certificate is in force to other premises and desires to obtain a new certificate in respect of those other premises, the application for the new certificate may be brought at any time, and accordingly section 2 shall, in relation to that application, have effect as if (a)in subsection (1), the words "not later than 30th November in any year" and in paragraph (d) of that subsection the words "subject to subsection (5)," were omitted; (b)in subsection (4), for the words "in the month of November in the year in which the application is lodged" there were substituted the words "before the first day of the month preceding the month in which the transfer is to take place"; (c)subsection (5) were omitted. (2) Where an application to which subsection (1) relates is granted the new certificate issued thereupon shall, subject to the provisions of this Act, remain in force (i)where it is issued in the first ten months of any year, until the thirty-first day of January in the next following year; (ii)where it is issued in the last two months of any year, until the thirty-first day of January in the next following year but one. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 13 Register of clubs. 13.(1) The registrar shall keep a register of clubs having premises within his district in respect of which a certificate (a)has been issued under any enactment repealed by this Act and is in force at the commencement of this Act; (b)is issued under section 10. (2) The register shall be in the form prescribed by regulations made by the Governor and shall show in respect of each club entered therein (a)the name of the club; (b)the date on which the application for the certificate was granted; (c)whether the certificate was issued for the first time or on renewal; (d)the address of the premises to which the certificate applies; (e)the names and addresses of the officials and the committee of management or governing body of the club; (f)the estimated maximum number of members of the club; (g)where the premises are not owned by the club, the name and address of every person beneficially entitled to receive any payment made by the club for the use of the premises. (3) The register and a copy of the rules of each club lodged with the registrar under section 2 may at all reasonable hours be inspected (a)without charge by a district inspector of the Royal Ulster Constabulary or by any member of that force authorised by him to inspect the register or the rules or by any officer of the Customs and Excise or of the Ministry of Finance; (b)by any other person on payment of a fee of [5p]. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 14 Cancellation of certificates. 14.(1) On application to it by or at the instance of any person entitled under section 6 to lodge objections to an application by a club for the grant or renewal of a certificate, the court may make an order that, on grounds specified in the order, that club is being so managed or carried on as to constitute a ground of objection to the renewal of its certificate. (2) Where an order has been made under subsection (1), the registrar shall forthwith make an entry of the order in the register of clubs. (3) Where an entry is made under subsection (2) or a conviction is recorded under section 31(1) for an offence against a rule of the club made pursuant to paragraph 18 or 19 of Schedule 2, the registrar shall lay the register before the court, and, the court may, if it thinks fit and after such further inquiry as it may think necessary, having regard to the grounds specified in the order made under subsection (1) or to the magnitude of the offence, cancel the certificate of the club for the remainder of the period for which the certificate would otherwise remain in force so however that the club may apply for renewal of that certificate at the date on which it would have been competent to do so had the certificate not been cancelled. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 15 Powers of court on refusing to renew or cancelling certificate. 15.(1) Where a court (a)refuses an application by a registered club for the renewal of its certificate, (b)cancels the certificate of a club under section 14(3), (2) Where an order is required to be made under section 31(2) by reason of a conviction which has been recorded under section 31(1), subsection (1) of this section shall not apply where the certificate of the club is cancelled consequent on that conviction. (3) Any order made by the court under subsection (1) may, for good cause shown, be subsequently cancelled or varied by the court. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 16 Effect of registration. 16. The registration of a club under section 10 shall not constitute the club premises licensed premises within the meaning of the Licensing Acts (Northern Ireland) or authorise any sale of intoxicating liquor in the club which would otherwise be illegal but the supply, in accordance with the rules of the club and this Act, of intoxicating liquor by a registered club to a member of the club or to a duly admitted visitor to the club shall not, for the purposes of any enactment prohibiting the sale of intoxicating liquor, be deemed to be an unlawful sale to that member or visitor. Persons under eighteen not to be employed in club bars. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 17 17.(1) No person under the age of eighteen shall be employed in any bar of club premises. (2) For the purposes of this section a person shall not be deemed to be employed in a bar by reason only that in the course of his employment in some other part of the club premises he enters the bar for the purpose of giving or receiving any message or of passing to or from some other part of the premises, not a bar, being a part in respect of which there is no other convenient means of access. (3) For the purposes of this section a person shall be deemed to be employed by the person for whom he works notwithstanding that he receives no wages for his work. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 18 Closing of bar and consumption of intoxicating liquor in club. 18.(1) Any bar on club premises shall be kept closed except during the permitted hours. (2) Subject to subsection (3) and to sections 19 and 32, no person shall, except during the permitted hours, consume any intoxicating liquor in the premises of a registered club. (3) Where intoxicating liquor is lawfully supplied to any person during permitted hours, subsection (2) shall not operate to prohibit the consumption by that person of that liquor during the thirty minutes immediately following, where there is only one continuous period of permitted hours in any day, that period and, where there is more than one period of permitted hours in any day, the last such period. In this subsection, in its application to a nightworkers club to which section 4 applies, the expression "any day" means the twenty-four hours ending at half-past one in the morning of any day. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 19 Authorisations for special occasions. 19.(1) On the application of a registered club, a district inspector of the Royal Ulster Constabulary for the district in which the club premises are situated may, notwithstanding anything contained in section 18 or in the rules of the club regarding permitted hours, in writing authorise the club to supply, to members of the club and to duly admitted visitors, intoxicating liquor during any one period specified in the authorisation during which the supply of intoxicating liquor would otherwise be a contravention of that section or those rules. (2) The period specified in an authorisation under subsection (1) shall not, in the case of a club other than a nightworkers club, include any period between three o'clock in the morning and ten o'clock in that morning, and, in the case of a nightworkers club, exceed three hours in duration. (3) Not more than twelve authorisations shall be granted under this section to any club in any year. (4) The opening or keeping open of any bar on the premises of a registered club for, or the supply of intoxicating liquor in the club premises to, members of the club or duly admitted visitors during any period specified in an authorisation under subsection (1) or the consumption of intoxicating liquor by such members or visitors during that period, or the admission of visitors to, or their presence in, the premises of a nightworkers club during that period shall be lawful and shall not be deemed a contravention of this Act or the rules of the club. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 20 Admission of visiting teams etc. 20. In the case of a team or other body of persons who are, as members of another club (whether registered or not), society or organisation, visiting a registered club for the purpose of taking part in or in the organisation of or arrangements for, any pastime, sport, game or recreation at the registered club, it shall suffice, for the purposes of paragraph 14 of Schedule 2 or of any rule required by that paragraph to be made by the registered club, for the secretary or other officer of the club being visited to enter in the book required to be kept by that paragraph the name of the club, society or organisation visiting that club and the number of such visitors without specifying their names and addresses and thereafter on the occasion of that visit intoxicating liquor may be supplied to such visitors at the request and in the presence of any officer of the registered club being visited, and the admission of such visitors shall be disregarded for the purposes of paragraph 13 of Schedule 2. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 21 Audit of accounts and returns. 21.(1) Every registered club shall cause the accounts kept in pursuance of rules made in accordance with paragraph 12 of Schedule 2 to be audited by an approved auditor and shall cause a copy of the accounts as so audited to be sent to the Ministry within six months after the expiration of the period to which the accounts relate or within such further period, if any, as the Ministry may in writing allow. (2) Every registered club shall cause to be sent to the Ministry within three months after the expiration of each calendar year, or within such further period, if any, as the Ministry may in writing allow, a statement certified by an approved auditor showing all sums expended by the club in the purchase of intoxicating liquor during that year. Entry into and inspection of clubs. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 22 22.(1) A justice of the peace, on being satisfied by information on oath that there is reasonable ground for supposing that (a)a registered club is so managed or carried on as to constitute a ground of objection to the renewal under section 6 and Schedule 3 of its certificate, or (b)an offence under this Act has been or is being committed in a registered club, or (c)intoxicating liquor is ... supplied, or kept for ... supply, on the premises of an unregistered club, (2) A search warrant granted under this section shall authorise the constable or constables named therein to enter at any time, if need be by force, the club to which the warrant relates, inspect the premises of the club, take the names and addresses of any persons found therein and seize any books and papers relating to the business of the club. (3) A district inspector, head constable or sergeant of the Royal Ulster Constabulary, alone or accompanied by one or more constables, shall, without a warrant, have all the powers of a constable authorised by a warrant under this section. Penalty for supplying or keeping intoxicating liquor in unregistered clubs. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 23 23.(1) Where intoxicating liquor is ... supplied to any member or other person on the premises of an unregistered club, every person who (a)... supplies such liquor; or (b)authorises the ... supply of such liquor; or (c)pays for such liquor, (2) Where intoxicating liquor is kept for ... supply on the premises of an unregistered club (a)that liquor and any vessels containing that liquor may be seized by any member of the Royal Ulster Constabulary under a warrant granted by a justice of the peace after examination on oath of a credible witness to the fact that such liquor is so kept; (b)every officer and member of the club shall, unless he proves to the satisfaction of the court that such liquor was so kept without his knowledge or against his consent, be guilty of an offence and shall be liable on summary conviction [to a fine not exceeding #100]; and (c)the liquor and the vessels containing the liquor shall, on a conviction under paragraph (b), be forfeited and sold and the proceeds of such sale shall be applied in like manner as a fine under section 20 of the Administration of Justice Act (Northern Ireland) 1954. (3) The references to an offence in subsection (2)(b) are references to an offence under this section or under the corresponding provisions of any enactment repealed by this Act. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 24 Unlawful supply and consumption etc., in registered clubs. 24.(1) If, in a registered club, intoxicating liquor is (a)supplied to, or obtained or consumed by, any person other than a member or duly admitted visitor or an employee of the club; or (b)supplied to, or obtained by, any person otherwise than during the permitted hours; or (c)otherwise supplied to, or obtained or consumed by, any person in contravention of any provision of this Act or of the rules of the club; (i)the club; (ii)any person so supplying, obtaining or consuming intoxicating liquor; (iii)any person permitting any such supply, obtaining or consumption; (iv)any person paying for or taking delivery of such intoxicating liquor; (2) Every registered club permitting any bar to open in contravention of the provisions of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. (3) Every registered club acting in contravention of a rule of the club required to be made in pursuance of paragraph 17 of Schedule 2 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 25 Penalty for employing persons under eighteen in club bars. 25.(1) If any person under the age of eighteen is employed in any bar of club premises contrary to section 17, the club shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. (2) Where in any proceedings under this section it is alleged that a person was at any time under eighteen, and he appears to the court then to have been under that age, for the purposes of the proceedings he shall be deemed to have been then under that age unless the contrary is shown. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 26 Presence of unauthorised persons in certain parts of club premises. 26.(1) Every person, other than (a)a member of the club; (b)a duly admitted visitor to the club; (c)a person on the premises of the club for purposes connected with his trade, profession or employment (including employment by the club); (2) Every registered club authorising or permitting any person to act in contravention of subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 27 Penalty for failing to give name, etc., to police. 27. If any person refuses to give his name and address to any member of the Royal Ulster Constabulary acting under section 22, or gives a false name or address, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [#20]. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 28 Penalty for making false application for registration. 28. If the secretary of any club or any other person knowingly lodges with the registrar an application for registration under this Act which is false in any material particular, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [#100], or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 29 Penalty for failure to have accounts audited and make returns. 29. Every registered club acting in contravention of section 21 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 30 Liability of officials for certain offences. 30.(1) Where an order has been made under section 14(1) that a registered club is being so managed or carried on as to constitute a ground of objection to the renewal of its certificate and the grounds specified in the order include all or any of the following, that is to say (a)that the club is not conducted in good faith as a club or that it is kept or habitually used for an unlawful purpose or mainly for the supply of intoxicating liquor; or (b)that there is frequent drunkenness on the club premises or that persons in a state of intoxication are frequently seen to leave the club premises or that the club is conducted in a disorderly manner; or (c)that persons who are not members are habitually admitted to the club merely for the purpose of obtaining intoxicating liquor; (2) The references to an offence in subsection (1) are references to an offence under this section or under the corresponding provisions of any enactment repealed by this Act. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 31 Recording of convictions and consequences thereof. 31.(1) Where a registered club is convicted of an offence under this Act, such conviction shall be recorded in the register of clubs and on the certificate of registration of that club unless the court by which the club is convicted is satisfied that by reason of the existence of extenuating circumstances in connection with the offence (which circumstances shall be specified in the order of the court) the conviction ought not to be recorded. (2) If in any period of ten successive years three or more convictions are recorded against a registered club whether under subsection (1) or under the corresponding provision of any enactment repealed by this Act, the court before which the third of such convictions takes place shall order that, for such period as may be specified by the court in the order but not being less than three nor more than ten years, the premises then occupied by the club shall not be occupied or used for the purposes of any registered club. (3) Any person who is aggrieved by reason of the period specified by the court under subsection (2) may appeal under Part XIII of the Magistrates' Courts Act (Northern Ireland) 1964 against the order on the ground that the period is excessive. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 32 Defence in respect of consumption of intoxicating liquor by certain persons outside permitted hours. 32. Where any person or club is charged under any of the provisions of this Act with the offence of consuming, or permitting the consumption of, intoxicating liquor in the premises of a registered club outside the permitted hours or a period authorised under section 19, it shall be a good defence to prove that such liquor was supplied by a person residing on those premises for consumption by him or private friends bona fide entertained by him at his own expense and that it was consumed by such persons in a part of those premises reserved for the use of the person residing on the premises. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 33 Proof of supply or consumption of intoxicating liquor. 33.Subs.(1) rep. by 1971 c.13 (NI) s.86(5) sch.12 Pt.I (2) Evidence that consumption of intoxicating liquor was about to take place shall, in any such proceedings as aforesaid, be evidence of the consumption of intoxicating liquor without proof of actual consumption. (3) Evidence that any person obtained, consumed or intended to consume intoxicating liquor in the premises of a registered club shall, in any such proceedings as aforesaid, be evidence that the liquor was ... supplied by or on behalf of the club. (4) Where it is proved that intoxicating liquor has been received, delivered or distributed within the premises of a registered club and taken outside the premises, it shall, failing proof to the contrary, be deemed to have been so taken for consumption outside the premises. (5) Where intoxicating liquor in open vessels is found in the premises of a registered club during any period when the consumption of intoxicating liquor in those premises is prohibited by this Act, consumption of intoxicating liquor shall, in any proceedings for a contravention of any provisions of this Act, be deemed to have taken place during that period and in those premises unless and until the contrary is proved. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 34 Proceedings against clubs. 34.(1) Proceedings under this Act may be brought against a registered club in the name in which it is registered. (2) Any summons or other document required to be served on the club in the course of such proceedings may be served on the secretary of the club; and any such summons shall, in addition to being so served, be served also on any other person whom the justice of the peace granting the summons may direct. (3) Any warrant for the recovery of any sum adjudged to be paid by a club by a conviction or order of a court under this Act may be levied against the goods and chattels of the club. Returns to Parliament. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 35 35. The Minister of Home Affairs shall lay before both Houses of Parliament annually a return showing, in relation to every registered club, its name and object and the address of the club premises, the number of members of the club, and the hours during which the [supply] of intoxicating liquor is authorised by the club rules, and containing a statement of the total sum expended by the club in the purchase of intoxicating liquor during the calendar year preceding the return. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 36 1952 c.44 36. In this Act "approved auditor" means a member of any of the following bodies, that is to say The Institute of Chartered Accountants in Ireland, "bar" includes any place exclusively or mainly used for the supply of intoxicating liquor and shall not, where that place is structurally separated, or provision is made for its structural separation, from any other part of the premises where intoxicating liquor is usually consumed, include that other part; "certificate" has the meaning assigned to it by section 1(1); "court" means a court of summary jurisdiction; "duly admitted visitor" in relation to a registered club, means a visitor lawfully admitted to the premises of that club in accordance with any rule of the club required to be made under paragraphs 13 and 14 of Schedule 2; "estimated maximum number of members", in relation to the grant or renewal of a certificate, means an estimate of the maximum number of persons who will be members of the club during the currency of the certificate; "intoxicating liquor" has the meaning assigned to it by section 307 of the Customs and Excise Act 1952; "the Ministry" means the Ministry of Home Affairs; "permitted hours" has the meaning assigned to it by section 5; "registered club" means a club for which there is in force a certificate issued under section 10 or under the provisions of any enactment repealed by this Act; "registrar" has the meaning assigned to it by section 2(1); "secretary" includes any officer of a club or other person performing the duties of secretary; "visitor" in relation to a registered club, means a person, other than a member of the club, who is visiting the premises of the club for the purpose of taking part in any activity promoted by the club or for the purpose of enjoying any of the facilities or amenities provided by the club or for all or any of those purposes. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 37 1954 c.33 37.Subs.(1), with Schedule 4, effects repeals (2) Without prejudice to the operation of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 (which relate to the effect of repeals and substituting provisions) (a)nothing in subsection (1) shall affect the continuation in force of any order made under the provisions of any enactment repealed by this Act which correspond with section 15(1) or 31(2), and section 15(3) shall apply to any order made under any such provision which corresponds with section 15(1) as it applies to an order made under section 15(1); (b)any reference in any document (whether express or implied) to any enactment or provision of any enactment repealed by this Act shall, except where the context otherwise requires, be construed respectively as, or as including, a reference to this Act or to the corresponding provision of this Act. (3) The restriction on the application of section 4 of the Registration of Clubs (Ireland) Act 1904 imposed by the proviso to that section (which relates to lodges of freemasons) shall, notwithstanding the repeal of that proviso, continue to apply to the provisions of section 2 of and Schedule 2 to this Act which reproduce the provisions of the said section 4. REGISTRATION OF CLUBS ACT (NORTHERN IRELAND) 1967 - SECT 38 Sections 2, 10. 38. This Act may be cited as the registration of Clubs Act (Northern Ireland) 1967. Section 10. , owner(s) of the premises occupied [or to be occupied] by the club, designated in the accompanying application, hereby declare that, to the best of my/our knowledge and belief, the said club is to be [or, in the case of an appliction by an existing club, has been and is to be] conducted in good faith as a club, and not mainly for the supply of intoxicating liquor. Section 3. , hereby certify that the < Club, of(full postal address of all premises used by the club)is registered under the Registration of Clubs Act (Northernreland) 1967. <. <. day of , 19 <.egistrar of Clubs.
BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_act/rocai1967395.txt