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The Licensing (Clubs) (Scotland) Regulations 2007

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Clubs prescribed for the purposes of section 125(1)

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2.—(1) The description of club prescribed for the purposes of section 125(1) of the Act is a club–

(a)which is not conducted for the purposes of making a profit; and

(b)which has a written constitution and rules which make provision to the effect specified in paragraph (2).

(2) That provision is that–

(a)the business of the club is to be under the management of a committee or other governing body elected by the members of the club;

(b)no person under 18 is to be admitted as a member of the club (unless the club is devoted primarily to some sporting purpose or is a students' union to which paragraph (3) applies);

(c)no member of the committee or other governing body and no person employed by the club is to have any personal interest in the sale of alcohol on the club premises or in the profits arising from such sale;

(d)other than when an occasional licence has effect, no person is to be supplied with alcohol on the club premises unless that person is–

(i)a member of the club;

(ii)a person who is on the premises at the invitation of a member of the club and is accompanied by that member; or

(iii)a member of another club which falls within the description prescribed in paragraph (1);

(e)where a person referred to in sub-paragraph (d)(ii) is supplied with alcohol on club premises when an occasional licence is not in effect, there is to be entered in a book kept for the purpose–

(i)the date in question;

(ii)the name and address of the person; and

(iii)the name of the member accompanying the person;

(f)correct accounts and books are to be kept showing the financial affairs and intromissions of the club;

(g)the club has to have at least 25 members to be properly constituted; and

(h)no person is to be allowed honorary or temporary membership of the club or to be relieved of the payment of the regular entrance fee or subscription–

(i)except to allow temporary participation in the activity which is the prime purpose of the club; and

(ii)except in accordance with specific provision set out in the club rules.

(3) This paragraph applies to a students' union of–

(a)a university; or

(b)a further education college under the management of an education authority,

which is recognised and certified as such by the Senate or Academic Council of the university or by the education authority, as the case may be.

(4) Expressions used in paragraph (3) which are also used in the Education (Scotland) Act 1980(1) have the same meanings in that paragraph as in that Act.

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