Licensing (Scotland) Act 1976 (repealed)

107 Club rules qualifying for registration. S

(1) A certificate of registration shall not be granted under this Part of this Act to any club unless the rules of the club provide—

(a) that the business and affairs of the club shall be under the management of a committee or governing body who shall be elected for not less than one year by the [F1 general] body of members and shall be subject in whole or in part or in a specified proportion to annual re-election, or of whom not more than one-third may be non-elected persons from outwith the club and the remainder shall be elected and subject to annual re-election as aforesaid;

(b) that no member of the committee or governing body and no manager or servant employed in the club shall have any personal interest in the sale of alcoholic liquor therein or in the profits arising from such sale;

(c) that the committee or governing body shall hold periodical meetings;

(d) that, unless the club is one to which subsection (4) below applies, all matters of the club shall be elected by the whole body of members or by the committee or governing body, with or without specially added members;

(e) that, unless the club is one to which subsection (4) below applies, the names and addresses of persons proposed as ordinary members of the club shall be displayed in a conspicuous place in the club premises for at least a week before their election, and that an interval of not less than two weeks shall elapse between the nomination and election of ordinary members;

(f) that no alcoholic liquor shall be sold or supplied in the club to any person under 18;

(g) that no person under 18 shall be admitted a member of the club unless the club is one which is devoted primarily to some athletic purpose or to which subsection (4) below applies;

(h) that no persons shall be allowed to become honorary or temporary members of the club or be relieved of the payment of the regular entrance fee or subscription, except those possessing certain qualifications defined in the rules and subject to conditions and regulations prescribed therein;

(i) that there shall be a defined subscription payable in advance by members;

(j) that correct accounts and books shall be kept showing the financial affairs and intromissions of the club;

(k) that a visitor shall not be supplied with alcoholic liquor in the club premises unless on the invitation and in the company of a member and that the member shall, upon the admission of such visitor to the club premises or immediately upon his being supplied with such liquor, enter his own name and the name and address of the visitor in a book which shall be kept for the purpose and which shall show the date of each visit; and

(l) that no alcoholic liquor shall be sold or supplied in the club premises for consumption off the premises, except to a member of the club in person for consumption by him or to a person holding a licence or a wholesaler’s excise licence for the sale of such liquor:

Provided that this subsection shall not apply to any lodge of Freemasons duly constituted under a charter from the Grand Lodge of Scotland.

(2) Notwithstanding anything in subsection (1) above, the rules of a registered club may provide for the admission to the premises of the club of persons who are members of another club, and for the sale and supply of alcoholic liquor to such persons by or on behalf of the club for consumption on the premises, if—

(a) the other club is a registered club whose premises are in the locality and are temporarily closed; or

(b) both clubs exist for learned, educational, or political objects of a similar nature; or

(c) each of the clubs is primarily a club for persons who are qualified by service or past service, or by any particular service or past service, in Her Majesty’s Forces, and are members of an organisation established by Royal Charter, and consists wholly or mainly of such persons; or

(d) each of the clubs is primarily a club for persons who carry on the same trade, profession or occupation, and that trade, profession or occupation is the same in the case of either club; or

(e) each of the clubs is a working men’s club, that is to say, a club which is, as regards its purposes, qualified for registration as a working men’s club under the M1 Friendly Societies Act 1974, and is a registered society within the meaning of that Act or of the M2 Industrial and Provident Societies Act 1965; or

(f) each of the clubs is one to which subsection (4) below applies.

(3) Notwithstanding anything in this Act, the authority of a licence shall not be required for such a sale of alcoholic liquor as is mentioned in subsection (2) above and, where the rules of a club provide as aforesaid, alcoholic liquor may be supplied in the premises of the club to such persons as are mentioned in that subsection and their guests for consumption on the premises as it may to members of the club and their guests.

(4) This subsection applies to the students union of a university, central institution, college of education or a further education college under the management of an education authority, which is recognised and certified as such to the registrar by the Senate or Academic Council of the university or the governing body of the central institution or college of education, or by the education authority, as the case may be; and any expressions used in this subsection which are also used in [F2 the M3 Education (Scotland) Act 1980] shall have the same meanings in this subsection as in that Act.

Textual Amendments

F1 Word substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 72:2), Sch. 2 para. 10

F2 Words substituted by virtue of Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 1

Marginal Citations

M1 1974 c. 46(55:1).

M2 1965 c. 12(55:3).

M3 1980 c. 44(41:2).