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16 1988

INTOXICATING LIQUOR ACT, 1988

PART V

Registered Clubs

Amendment of section 4 of Registration of Clubs (Ireland) Act, 1904.

42. —(1) Section 4 of the Registration of Clubs (Ireland) Act, 1904, is hereby amended by the substitution for paragraph (j) of the following paragraphs:

“(j) That no excisable liquors shall be sold or supplied in the club premises to any person under the age of eighteen years:

(k) That no person under the age of eighteen years shall be admitted as a member of the club unless the club is one primarily devoted to some athletic purpose:”.

(2) (a) For the purposes of the Registration of Clubs Acts, 1904 to 1986, the rules of a club which at the date of the passing of this Act is registered under those Acts shall, during the transitional period, be deemed to be in conformity with the provisions of section 4 (as amended by this section) of the Registration of Clubs Act, 1904.

(b) In this subsection “transitional period” means the period beginning on the date of the passing of this Act and ending, either when the certificate of registration of the club which is in force two months after that date expires, or, if it should sooner happen, when the rules of the club are brought into conformity with the said section 4, as so amended.

Search of clubs by member of Garda Síochána.

43. —(1) If any member of the Garda Síochána is of opinion that there are reasonable grounds for supposing that any club registered under the Registration of Clubs (Ireland) Act, 1904, is so managed or carried on as to constitute a ground of objection to the renewal of its certificate under that Act, or that an offence under that Act has been or is being committed in any such club, or that any excisable liquor is sold or supplied, or kept for sale or supply, on the premises of a club which is not registered under that Act, he may enter and search the premises of such club and take the names and addresses of any persons found therein.

(2) In the event of any person found in such premises refusing to give his name or address when requested by any such member of the Garda Síochána or giving a false name or address, such person so doing shall be liable on summary conviction to a fine not exceeding £50.

(3) Every person who, by himself, or by any person in his employment or acting by his direction or with his consent, refuses or fails to admit any member of the Garda Síochána in the execution of his duty demanding to enter in pursuance of this section, shall be liable on summary conviction to a fine not exceeding—

(a) £200, in the case of a first offence, or

(b) £300, in the case of a second or any subsequent offence.

Objections to grant of club certificates.

44. —Section 3 of the Registration of Clubs (Ireland) Act, 1904, is hereby amended by the substitution for subsections (1) and (2) of the following subsections:

“(1) The registrar shall forthwith give notice of such application to the superintendent of the Garda Síochána for the Garda district in which the club, the subject of the application, is situated and, if no objections are taken as hereinafter provided, the court shall, if satisfied that the application has been duly made as aforesaid and that the rules of the club are in conformity with the provisions of this Act, grant the application.

(2) It shall be competent for such superintendent of the Garda Síochána, on receiving such notice, and for any person resident in the parish in which the club premises are situated, to lodge objections to the grant of the certificate on any of the grounds of objection specified in this Act and it shall be competent for any person to lodge objections to the renewal of the certificate on any such grounds. Such objections shall be lodged by the objectors with the registrar within ten days of the receipt or publication of the notice of application, and at the same time a copy of the objections shall be sent by them to the secretary of the club applying for the grant or renewal of a certificate.”.

Restrictions on advertisements relating to functions in clubs.

45. —(1) Subject to subsection (2) of this section, a person shall not publish, or cause to be published, any advertisement drawing attention to any function to be held on the premises of a registered club.

(2) Subsection (1) of this section shall not apply to—

(a) the publication of a notice inside the premises of the registered club in which the function is to be held, or

(b) any advertisement in so far as it relates to a function involving any sport, game or physical recreation which does not take place outside the hours during which excisable liquor may be supplied or consumed on the club premises in accordance with the club rules, or

(c) any circular issued by a registered club to its club members.

(3) Where there is a contravention of subsection (1) of this section then—

(a) the registered club,

(b) every person entered in the register of clubs as an official or member of the committee of management or governing body of the club at the time the advertisement is published, and

(c) any person who published the advertisement or caused it to be published,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(i) £300, in the case of a first offence, or

(ii) £500, in the case of a second or subsequent offence.

(4) In a prosecution for an offence under subsection (1) of this section—

(a) it shall be a defence for a person mentioned in subsection (3) (b) of this section to prove that the advertisement was issued without his consent or connivance or that he exercised all due diligence to prevent the publication of any such advertisement, and

(b) it shall be a defence for a person mentioned in subsection (3) (c) of this section to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement in question for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would constitute an offence under the said subsection (1).

(5) For the purposes of this section an advertisement published by displaying or exhibiting it shall be treated as published on every day on which it is displayed or exhibited.

(6) In this section “advertisement” includes every form of advertising, whether in a publication or by the display of notices or by means of circulars or other documents or by an exhibition of photographs or a cinematograph film, or by way of sound broadcasting or television or by inclusion in a cable programme service, and references to the publishing of an advertisement shall be construed accordingly.

Amendment of section 5 of Registration of Clubs (Ireland) Act, 1904.

46. —The reference in section 5 (d) of the Registration of Clubs (Ireland) Act, 1904, to twenty-five members shall, as respects objections to the grant after the passing of this Act of a certificate of registration under that Act, be construed as a reference to one hundred and fifty members.