Registration of Clubs (Northern Ireland) Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1278 |
| Year | 1987 |
1987 No. 1278 (N.I. 14)
NORTHERN IRELAND
The Registration of Clubs (Northern Ireland) Order 1987
Made 21th July 1987
Coming into operation on days to be appointed under Article 1(2)
At the Court at Buckingham Palace, the 21st day of July 1987
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act11974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
INTRODUCTORY
Title and commencement
1.—(1) This Order may be cited as the Registration of Clubs (Northern Ireland) Order 1987.
(2) This Order shall come into operation on such day or days as the Head of the Department may by order appoint.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland)21954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“appeal”, except in Article 45(1), includes an appeal by way of case stated;
“bar” means an open bar;
“certificate of registration” means a certificate of registration issued under Article 7(1);
“the Department” means the Department of Health and Social Services;
“intoxicating liquor” has the same meaning as in the Licensing Act (Northern Ireland)31971;
“modify” means making additions, omissions, amendments or substitutions;
“notice” means notice in writing;
“owner” in relation to premises, means the person for the time being receiving the rack rent of the premises, whether on his own account or as personal representative, trustee, assignee, committee, liquidator, receiver or guardian, or who would so receive the same if the premises were let at a rack rent;
“permitted hours” means—
(a) in the case of a nightworker’s club, the hours fixed by a court under Article 5;
(b) in the case of a sporting club in respect of a Sunday (not being Christmas Day), the hours fixed by a court under Article 23;
(c) in any other case, the hours specified in Article 22;
“planning permission” has the same meaning as in the Planning (Northern Ireland) Order41972;
“police sub-division”, in relation to a sub-divisional commander, means the sub-division for which that commander acts;
“qualified accountant” means a person who is a member of a body of accountants for the time being listed in Article 397(2) of the Companies (Northern Ireland) Order51986 or who is for the time being authorised by the Department of Economic Development under Article 397(1)(b) of that Order;
“registered club” means a club registered under this Order;
“regulations” means regulations made by the Department subject to negative resolution;
“renewal date” means 1st January in any year;
“secretary” includes any officer of a club or other person performing the duties of secretary;
“sporting club” means a club occupying a hereditament to which Article 31 of the Rates (Northern Ireland) Order61977 applies (rates relief) being a hereditament which is used solely or mainly for the purposes of physical recreation;
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland)71954;
“sub-divisional commander” means a sub-divisional commander of the Royal Ulster Constabulary.
(3) In this Order any reference, in relation to a club, to the register of clubs is a reference to the part of the register which relates to that club.
(4) In this Order any reference to a sub-divisional commander of a police sub-division includes a reference to any other member of the Royal Ulster Constabulary nominated by him.
PART II
REGISTRATION 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)
(a) the rules of the club contain the provisions specified in Schedule 1; and
(b)
(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)81967 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)
(a) to any arrangement restricting the club’s freedom of purchase of intoxicating liquor; and
(b)
(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)
(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)
(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)
(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)
(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)
(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)
(a) that the procedure relating to the application set out in Schedule 2 has been complied with; and
(b)
(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)91967 is in force; and
(c)
(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)
(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)
(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)
(f) that the rules of the club are in...
To continue reading
Request your trial