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Club Registration

The legislation detailing the requirements for club registration and the terms of registration of clubs are detailed and extensive and for this reason they are not included in this guidance page, but it is strongly recommended that all clubs obtain a copy of the relevant sections of the Ordinance from the Attorney General's Chambers or Library and familiarise themselves with the registration and qualifications for registration.

This guide will outline the processes for applying for a new registration and applications for renewals in respect of clubs.

For each new application and for annual renewals, Schedule 4 outlines the requirements to be complied with by club's application for registration certificate.

Schedule 4

1. The application shall specify the name, objects and address of the club, and shall state that there is kept at that address a list of the names and addresses of the members.

2. The application shall state in terms of section 30(1) and (2) of this Ordinance that the club is qualified under those subsections to receive a registration certificate for the premises.

3. The application shall set out, or shall incorporate a document annexed which sets out, the names and addresses of the members of any committee having the general management of the affairs of the club, and those of the members of any other committee concerned with the purchase for the club or with the supply by the club of intoxicating liquor, and those of the other officers of the club.

4.

(1) The application shall state, or shall incorporate a document annexed which states, the rules of the club or, in the case of an application for renewal, the changes in the rules of the club made since the last application for the issue or renewal of the certificate.

(2) If, in the case of an application for renewal, there has been no such change as aforesaid, the application shall so state

5. The application shall-

(a) identify the premises for which the issue or renewal of the registration certificate is sought;

(b) state that those premises are or are to be occupied by and habitually used for the purposes of the club;

(c) state the interest held by or in trust for the club in those premises and, if it is a leasehold interest or if the club has no interest, the name and address of any person to whom payment is or is to be made of rent under the lease or otherwise for use of the premises.

6.

(1) The application shall give, or shall incorporate a document annexed which gives-

(a) particulars of any property not comprised in paragraph 5 which is or is to be used for the purposes of the club and not held by or in trust for the club absolutely, including the name and address of any person to whom payment is or is to be made for the use of that property;

(b) particulars of any liability of the club in respect of the principal or interest of moneys borrowed by the club or charges on property held by or in trust for the club, including the name and address of the person to whom payment is or is to be made in account of that principal interest;

(c) particulars of any liability of the club or of a trustee for the club in respect of which any person has given any guarantee or provided any security, together with particulars of the guarantee or security given or provided, including the name and address of the person giving or providing it.

(2) An application for renewal, or document annexed to it, may give the particulars required by this paragraph by reference to the changes (if any) since the last application by the club for the issue or renewal of the registration certificate.

(3) If there is no property or liability of which particulars are required by any provision of sub- paragraph (1), the application shall so state.

(4) In this paragraph, "liability" includes a future or contingent liability.

7.

(1) The application shall give, or shall incorporate a document annexed which gives, particulars of any premises not comprised in paragraph 5, which have within the preceding twelve months been occupied and habitually used for the purposes of the club, and shall state the interest then held by or in trust for the club in those premises and, if it was a leasehold interest or if the club had no interest, the name and address of any person to whom payment was made of rent under the lease or otherwise for the use of the premises.

(2) If there are no premises of which particulars are required by this paragraph, the application shall so state.

8. Where the interest held by or in trust for the club of which particulars are required by paragraph 5, 6 or 7 of this Schedule is or was a leasehold interest, and the rent under the lease is not or was not paid by the club or the trustees for the club, the application shall state the name and address of the person by whom it was paid.

Schedule 5

PROCEDURE ON APPLICATIONS AND COMPLAINTS RELATING TO REGISTRATION CERTIFICATES

PART I

ISSUE, RENEWAL AND SURRENDER OF REGISTRATION CERTIFICATES

Applications, etc.

1.

(1) An application by the club for the issue, renewal or variation of a registration certificate shall be made by lodging the application, together with the number of additional copies required under paragraph 4, with the clerk to the Summary Court.

(2) The court may, on such conditions as the court thinks fit, allow such an application to be amended.

(3) An amended application shall be made by lodging with the clerk to the Summary Court the original application or the relevant parts of it altered so as to show the amendments, together with the number of additional copies required under paragraph 4.

2. A registration certificate shall be surrendered by lodging with the clerk to the Summary Court a notice of surrender, together with the certificate and such number of additional copies required under paragraph 4.

3.

(1) Any such application or amended application and any such notice shall be signed by the chairman or by the secretary of the club.

(2) In the absence of objection the court shall not require proof that an application or amended application is so signed.

4. On receipt of any such application or amended application or of any such notice the clerk to the Summary Court shall forthwith send a copy to the chief police officer and to the Attorney General and the chief fire officer and the number of additional copies required to be lodged with the clerk is the number necessary to provide the copies the clerk requires for the purpose.

5. A club applying for the issue of a registration certificate for any premises, or for the renewal of a registration certificate in respect of different, additional or enlarged premises, shall give public notice of the application (identifying those premises and giving the name and address of the club) either-

(a) by displaying the notice on or near the premises, in a place where it can conveniently be read by the public, for the seven days beginning with the date of the application; or

(b) by advertisement in a newspaper circulating in the Falkland Islands in the two weeks commencing with the date of the application.

 

Application for Club Registration Certificate

Fees:

Upon application - Nil

Upon grant - £80

 

Clubs - Comparison

The Licensing Ordinance 1994 allows for clubs to hold a Justices' On-Licence as an alternative to a club registration certificate. Please be aware that a club cannot, by law, hold a Justices' On-Licence and a club registration certificate at the same time.

To assist clubs with the differences between a club registration certificate and an on-licence the court has created the comparison table below. Please note that the court cannot advise you as to which application you should make; this will depend upon your individual circumstances. If you are unsure please seek independent legal advice.

 

  Club Registration Certificate Justices' On-Licence
Who holds the licence? No one individually holds the licence, the committee is collectively responsible.

 

An individual(s) who is/are a member(s) of the club and has been elected/voted to hold the licence.

 

What are the permitted hours? The opening hours of the club are at the clubs discretion.

 

The opening hours would be subject to Sections 41-43 of the Ordinance (please see Permitted Hours)

 

Can children be permitted on the premises? If the club is located in camp you may apply for a camp exemption certificate. If the club is located within Stanley then there is no provision to allow children within the premises.

 

If the club applies for a children's certificate and it is granted, children would be permitted within the premises subject to any conditions placed upon the certificate by the licensing justices

 

What about renewals? Annual application

 

Automatic annual renewal unless the court is informed that the licence is no longer required.

 

What about club rules? The requirements for club registration relating to rules is set out in Schedule 6 of the Ordinance. These must be complied with for a registration certificate to be issued.

 

This would be optional and a matter for the club. The licensing justices' may enquire as to the position but there is no criteria set out within the Ordinance.

 

What about altering the premises?

 

There is no need to get permission from the licensing justices to alter the premises, and no basis for the licensing justices to request/order any alterations to be made. However, upon initial application and any further applications for renewals "in respect of different, additional or enlarged premises" the chief police officer (or chief fire officer if so nominated by the chief police officer) is entitled to inspect the premises.

 

No structural alterations can be made without the licensing justices' permission and they may order upon renewal, if so appropriate, for alterations to the premises to be made (sections 14- 15).
Who you can sell intoxicating liquor to? Clubs with a registration certificate may sell intoxicating liquor to members or guests for consumption on the premises only. They may also sell to members only for consumption off the premises. The club should not gain profit from these sales. Subject to any conditions placed upon the licence by the licensing justices, clubs who are operating under a Justices' On-Licence may sell to members of the club and public for consumption on or off the premises and may gain profit from such sales.