PART IIREGISTRATION OF CLUBS
Prohibition on supply or keeping of intoxicating liquor on the premises of an unregistered club
3. It shall be unlawful for any intoxicating liquor to be supplied or kept for supply on the premises of a club unless the club is registered in respect of those premises.
Clubs which may be registered
4.—(1) Subject to paragraph (2), a club may be registered if—
(a)the rules of the club contain the provisions specified in Schedule 1; and
(b)the rules do not contravene the provisions of this Order.
(2) In the application of paragraph (1)(a) to a sporting club, paragraph 10 of Schedule 1 shall be omitted.
(3) A club which occupies premises for which there is in force a disqualification order under Article 13 or 38 or an order under section 15(1) or 31(2) of the Registration of Clubs Act (Northern Ireland)[1967 c. 27 (N.I.)] 1967 shall not be registered under this Order.
(4) In determining whether a club is conducted in good faith as a club a court shall have regard—
(a)to any arrangement restricting the club’s freedom of purchase of intoxicating liquor; and
(b)to any provision in the rules, or arrangement, under which money or property of the club, or any gain arising from the carrying on of the club is or may be applied otherwise than for the benefit of the club as a whole or for charitable or benevolent purposes.
(5) Any certificate of registration purporting to be held by a club in respect of premises mentioned in paragraph (3) is void.
Nightworkers clubs
5.—(1) Where a notice under Schedule 2 states that the club in respect of which an application is to be made is a nightworkers club and on the hearing of the application the county 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 Article 22 applies, the court shall direct that the following provisions of this Article shall have effect in relation to the club.
(2) The hours for the supply of intoxicating liquor shall be fixed by the county court on the application for the grant of registration and may be varied by a court of summary jurisdiction on renewal of the registration and the hours so fixed or varied shall—
(a)not exceed the total of—
(i)on week days, other than Good Friday or Christmas Day, 11½;
(ii)on Good Friday, 6;
(iii)on Sunday (not being Christmas Day), 5;
(iv)on Christmas Day, 9½; and
(b)provide for a break of at least 2 consecutive hours between 2 in the afternoon and 5 in the afternoon on Sunday and Good Friday; and
(c)not include any period between 1 in the morning and 6 in the morning of any day.
(3) The rules of the club shall prohibit the admission of guests of members to, or their presence in, the club premises between the hours of midnight and 10 in the morning next following.
Grant of registration
Applications for the grant of registration
6.—(1) An application for the grant of registration of a club may be made by the secretary of the club and shall be made to a county court.
(2) The procedure for applications for the grant of registration is set out in Schedule 2.
(3) On an application for the grant of registration of a club, the court shall hear the objections, if any, made under Schedule 2.
(4) On the hearing of an application for the grant of registration of a club, the court may, before granting or refusing to grant the application,—
(a)require the production of further information, particulars or documents such as are mentioned in paragraph 2(2) of Schedule 2 for the period from the date of the information, particulars or documents, as the case may require, which are attached to the notice served upon the chief clerk under paragraph 1(1)(c) of Schedule 2 until such date as the court may specify; or
(b)require the club to amend its rules so as to bring them into conformity with Article 4 and Schedule 1 and—
(i)in the case of a nightworkers club, Article 5;
(ii)in the case of a sporting club, Article 23;
and paragraphs 1(1)(c), 3 and 4 of Schedule 2 shall apply for the purposes of such further information, particulars, documents or amended rules as if they were notice of the application, subject to the modification that in paragraph 1(1)(c) for the reference to 4 weeks before the opening of the court sitting there shall be substituted a reference to 2 weeks before the time fixed by the court for the hearing of the application to be resumed.
(5) A court shall refuse an application for the grant of registration of a club unless it is satisfied—
(a)that the procedure relating to the application set out in Schedule 2 has been complied with; and
(b)that the premises of the club are not premises in respect of which a disqualification order under Article 13 or 38 or an order under section 15(1) or 31(2) of the Registration of Clubs Act (Northern Ireland)[1967 c. 27 (N.I.)] 1967 is in force; and
(c)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 of the club; and
(d)that there are not sufficient registered clubs providing club accommodation of a similar character already in existence in the vicinity of the premises of the club; and
(e)either—
(i)that there is in force planning permission to use the premises as the premises of a club for the period during which the certificate of registration would be in force; or
(ii)that the premises may be used as such a club for that period without such permission; and
(f)that the rules of the club are in conformity with the provisions of this Order; and
(g)that the club has been conducted in good faith as a club for not less than 2 years; and
(h)that the provisions of the rules of the club and of this Order will be complied with.
(6) A court may refuse an application for the grant of registration of a club if it is satisfied—
(a)that the club has less than 25 members having voting rights in relation to the affairs of the club; or
(b)that, in respect of the premises, a licence for the sale of intoxicating liquor has been suspended, or an application for the renewal of any such licence has been refused, under the Licensing Act (Northern Ireland)[1971 c. 13 (NI)] 1971 within the preceding 5 years; or
(c)that the club is kept or habitually used for an unlawful purpose, or as a resort of persons of known bad character; or
(d)that the club is conducted in such a manner as to cause disorder or disturbance; or
(e)that intoxicating liquor has been sold, supplied or consumed on the premises of the club in contravention of this Order or the Licensing Act (Northern Ireland) 1971; or
(f)that the supply of intoxicating liquor to the club will not be under the control of the members having voting rights in relation to the affairs of the club or of the committee of management or governing body of the club;
(g)that, having regard to his character and reputation, the chairman or secretary or any officer or member of the committee of management or governing body is not a fit person to hold an office of the club; or
(h)that the club has been convicted of an offence under this Order or the Registration of Clubs Act (Northern Ireland)[1967 c. 27 (N.I.)] 1967.
(7) Where the court refuses an application for the grant of registration of a club it shall specify in its order the reasons for its refusal.
Issue and duration of certificates of registration
7.—(1) Where a county court grants an application for the registration of a club the court shall issue a certificate of registration which shall be in such form as may be prescribed by regulations and shall specify—
(a)the name of the club;
(b)the address of the premises of the club;
(c)the name and address of the owner of the premises of the club;
(d)in the case of a nightworkers club—
(i)the following statement:—
“The above club is a nightworkers club to which Article 5 of the Registration of Clubs (Northern Ireland) Order 1987 applies.”; and
(ii)the hours fixed by the court under Article 5(2);
(e)in the case of a sporting club, the hours fixed by the court under Article 23;
(f)such other matters as may be prescribed by regulations.
(2) Subject to the succeeding provisions of this Article, a certificate of registration, unless registration is cancelled or a disqualification order under Article 13 or 38 applies to the premises of the registered club, shall remain in force from the date on which it is issued until—
(a)where it is issued in the first 10 months of any year, 31st January in the next following year; or
(b)where it is issued in the last 2 months of any year, 31st January in the next following year but one.
(3) Where, at the hearing of an application for the grant of registration of a club, any person appears before the court and opposes the registration, but the court registers the club—
(a)until the expiry of the time for bringing an appeal against the registration and, if an appeal is brought, until the registration is confirmed or the appeal is abandoned the certificate of registration shall not come into force;
(b)if on appeal the registration is confirmed or if the appeal is abandoned, for the purpose of determining the period for which the certificate of registration is to be in force, the date when the appeal is disposed of shall be substituted for the date on which the certificate of registration was issued and the chief clerk shall (if necessary) amend the certificate accordingly.
(4) Paragraph (2) shall not prejudice the operation of Articles 8(9), 9 and 12 under which a certificate of registration may continue in force after the time when it would otherwise expire.
Renewal of registration
Applications for the renewal of registration
8.—(1) An application for the renewal of registration of a club may be made by the secretary of the club and shall be made to a court of summary jurisdiction.
(2) The procedure for applications for the renewal of registration of a club is set out in Schedule 3.
(3) On an application for the renewal of registration of a club, the court shall hear the objections, if any, made under Schedule 3.
(4) On the hearing of an application for the renewal of registration of a club, the court may, before granting or refusing to grant the application,—
(a)require the production of further information, particulars or documents such as are mentioned in paragraph 2(2) of Schedule 3 for the period from the date of the information, particulars or documents, as the case may require, which are attached to the notice served upon the clerk of petty sessions under paragraph 1(b) of Schedule 3 until such date as the court may specify; or
(b)require the club to amend its rules so as to bring them into conformity with Article 4 and Schedule 1 and—
(i)in the case of a nightworkers club, Article 5;
(ii)in the case of a sporting club, Article 23;
and paragraphs 1(b), 3 and 4 of Schedule 3 shall apply for the purposes of such further information, particulars, documents or amended rules as if they were notice of the application, subject to the modification that in paragraph 1(b) for the reference to 4 weeks before the renewal date there shall be substituted a reference to 2 weeks before the time fixed by the court for the hearing of the application to be resumed.
(5) A court shall refuse an application for the renewal of registration of a club unless it is satisfied—
(a)that the procedure relating to the application set out in Schedule 3 has been complied with; and
(b)that the rules of the club are in conformity with the provisions of this Order; and
(c)that, having regard to the manner in which the club has been conducted since the last previous renewal of the registration of the club (or where the renewal applied for is the first renewal of registration, since registration was granted),—
(i)the club is conducted in good faith as a club and not mainly for the supply of intoxicating liquor; and
(ii)the provisions of the rules of the club and of this Order are, and will be, complied with.
(6) A court may refuse an application for the renewal of registration of a club if it is satisfied—
(a)that the club has less than 25 members having voting rights in relation to the affairs of the club; or
(b)that, having regard to any change in the accommodation, facilities and amenities of the premises of the club since the last previous renewal of the registration of the club (or, where the renewal applied for is the first renewal of registration, since registration was granted), the premises of the club are not in all respects suitable and proper having regard to the objects of the club and to the estimated maximum number of members of the club; or
(c)that, since the last previous renewal of the registration of the club (or, where the renewal applied for is the first renewal of registration, since registration was granted), the club has been kept or habitually used for an unlawful purpose or as a resort of persons of known bad character; or
(d)that there is frequent drunkenness on the premises, or that persons in a state of intoxication are frequently seen to leave the premises of the club; or
(e)that the club is conducted in such a manner as to cause disorder or disturbance; or
(f)that intoxicating liquor has been sold, supplied or consumed on the premises of the club in contravention of this Order or the Licensing Act (Northern Ireland)[1971 c. 13 (N.I.)] 1971; or
(g)that persons who are not members are habitually admitted to the club merely for the purpose of obtaining intoxicating liquor; or
(h)that the supply of intoxicating liquor to the club is not under the control of the members having voting rights in relation to the affairs of the club or of the committee of management or governing body of the club; or
(i)that any of the rules of the club are habitually broken; or
(j)that, having regard to his character and reputation, the chairman or secretary or any officer or member of the committee of management or governing body is not a fit person to hold an office of the club; or
(k)that the club has been convicted of an offence under this Order or the Registration of Clubs Act (Northern Ireland)[1967 c. 27 (N.I.)] 1967.
(7) Where the registration of a club is renewed, the clerk of petty sessions shall note the renewal on the certificate of registration and where, in the case of a nightworkers club or a sporting club, a court of summary jurisdiction under Article 5(2) or 23 fixes or varies the hours for the supply of intoxicating liquor the clerk shall note the hours or, as the case may be, the variation on the certificate of registration.
(8) Where the court refuses an application for the renewal of registration of a club it shall specify in its order the reasons for its refusal.
(9) A certificate of registration issued to a registered club which is required, on application for renewal of registration, to produce to the court further information, particulars, documents or amended rules under paragraph (4) shall, unless registration is cancelled or a disqualification order under Article 13 or 38 applies to the premises of the registered club, continue in force when it would otherwise expire until the application for renewal is determined.
Continuance of registration pending determination of appeal
9. Where a court refuses an application for the renewal of the registration of a club and the applicant for the renewal appeals, the registration of the club shall, unless it is cancelled or a disqualification order under Article 13 or 38 applies to the premises of the registered club, continue in force until the appeal is determined or abandoned.
Duration of renewed certificates of registration
10.—(1) Subject to paragraph (2), on the renewal of registration of a club, the certificate of registration, unless registration is cancelled or a disqualification order under Article 13 or 38 applies to the premises of the registered club, shall remain in force until—
(a)where registration is renewed in the first 10 months of any year, 31st January in the next following year; or
(b)where registration is renewed in the last 2 months of any year, 31st January in the next following year but one.
(2) Paragraph (1) shall not prejudice the operation of Articles 8(9), 9 and 12 under which a certificate of registration may continue in force after the time when it would otherwise expire.
Cancellation of registration
Cancellation of registration
11.—(1) An application for the cancellation of registration of a registered club may be made by the sub-divisional commander of the police sub-division in which the premises of the club are situated, the district council for the district in which the premises of the club are situated or any person owning, or residing or carrying on business in, premises in the vicinity of the premises of the club to a court of summary jurisdiction on any of the grounds on which objection may be made to an application for renewal of the registration of the club.
(2) On an application for the cancellation of registration of a registered club a court shall hear representations, if any, from the applicant and the secretary of the club.
(3) Where the court refuses an application for the cancellation of the registration of a club, it shall specify in its order the reasons for its refusal.
(4) A certificate of registration purporting to be in respect of the registration of a club shall, where that registration has been cancelled, be void.
Continuance of registration pending determination of appeal against cancellation
12. Where a court cancels the registration of a club and the secretary of the club appeals, the registration shall continue in force until the appeal is determined or abandoned.
Disqualification of premises on refusal of renewal or cancellation of registration
13.—(1) Where a court of summary jurisdiction—
(a)refuses an application by a registered club for the renewal of its registration; or
(b)cancels the registration of a club under Article 11(3), the court may make a disqualification order prohibiting the premises occupied by the club being used for the purposes of any registered club during such period not exceeding 5 years from the date on which the order takes effect, as may be specified in the order.
(2) Where a disqualification order under paragraph (1) is made, the registration of the club obtained before the order is made or before it takes effect shall by virtue of the order be void as from the time when the order takes effect.
(3) A disqualification order under paragraph (1) shall not take effect—
(a)until the expiry of the time for bringing an appeal against the refusal to renew the registration, the cancellation of the registration or against the making of the order as the case may require, and
(b)if such an appeal is brought, until the appeal has been determined or abandoned.
Register and proof of certificate of registration
Register of clubs
14.—(1) Each clerk of petty sessions shall continue to keep a register of clubs having premises within the petty sessions district in respect of which a certificate of registration is issued under Article 7(1).
(2) Each clerk of petty sessions shall record in respect of each club entered in the register—
(a)the matters which under Article 7(1) are required to be specified in the certificate of registration;
(b)the names and addresses of the officials and the committee of management or governing body of the club;
(c)particulars of any renewal of registration of the club;
(d)particulars of any hours fixed or varied by a court under Article 5(2) or 23;
(e)particulars of any cancellation of registration of the club and of any disqualification order made in consequence of the cancellation;
(f)particulars of any conviction of the club of any offence under this Order and of any disqualification order made in consequence of the conviction;
(g)such other matters as may be prescribed by regulations.
(3) Each clerk of petty sessions shall also keep the documents received by him under paragraph (4), and those documents shall be deemed to be matters which are required to be, and have been, recorded in the register under paragraph (2).
(4) Where a court—
(a)on the application of any club grants registration; or
(b)fixes any hours in respect of a club under Article 5(2) or 23; or
(c)confirms, reverses or varies any decision or determination of any other court relating to the registration of a club, the court, where it is not a court of summary jurisdiction for the petty sessions district in which the premises of the club are situated, shall cause a copy of its order, and any document which was attached to, or received in connection with, the application, to be sent to the clerk of petty sessions for that district.
(5) A clerk of petty sessions may make such alterations in the register as are necessary to ensure that the matters recorded in the register in respect of the club are accurate.
Inspection of register
15. A register of clubs and the statements of expenditure by clubs on intoxicating liquor may be inspected and copies of all or any part of any entry in the register or statements may be taken, at all reasonable hours.
Returns to Department
16. The clerk of petty sessions for any petty sessions district, in respect of each such period as may be specified by the Department shall send to the Department a statement showing—
(a)the number of clubs having premises in that district registered under this Order;
(b)the number of certificates of registration issued;
(c)the number of clubs so registered for which registration has been renewed;
(d)the numbers of members of each club;
(e)the expenditure incurred by each club on intoxicating liquor;
and containing such other information as the Department may require.
Register of clubs to be evidence
17.—(1) A register of clubs shall be received in evidence of the matters required by or under this Order to be recorded in it, and any document purporting to be certified by a clerk of petty sessions to be a true copy of an entry in the register of clubs kept by him shall be received in evidence of any such matters contained in the entry.
(2) On an application for the grant, renewal or cancellation of the registration of a club under this Order the court shall have regard to the entries, if any, in the register of clubs relating to the person by whom, or the club premises in respect of which, the application is made.
Proof, etc., of certificates of registration
18.—(1) A document purporting to be a certificate of registration and to be signed by the clerk of the court by which the club was registered shall be received in evidence.
(2) A document which has been issued by the clerk of petty sessions for the petty sessions district in which the club is registered and certified by him to contain a true copy of the particulars recorded in the register of clubs in respect of that club shall be treated for the purposes of this Order as the certificate of registration.
(3) The clerk of petty sessions may issue a document under paragraph (2) where he is satisfied that the certificate of registration has been lost or destroyed.
Effect of registration
19. The registration of a club under this Order shall not constitute the club premises licensed premises within the meaning of the Licensing Act (Northern Ireland)[1971 c. 13 (N.I.)] 1971 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 Order, of intoxicating liquor by a registered club to a member of the club or to a guest of a member of 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 guest.