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11. Clubs

Scottish Statutory Instruments

2006 No.

Licensing (Liquor)

The Licensing (Clubs) (Scotland) Regulations 2006

Made - - - - 2006

Laid before the Scottish Parliament 2006

Coming into force - - 2006

The Scottish Ministers, in exercise of the powers conferred by sections 125, 146(2) and 147(1) of the Licensing (Scotland) Act 2005( ²⁶) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Licensing (Clubs) (Scotland) Regulations 2006 and shall come into force on 2006.

Clubs prescribed for purposes of section 125(1)

2. -(1) The description of club prescribed for the purposes of section 125(1) of the Licensing (Scotland) Act 2005 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 of a sort described in regulation 3);
(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) 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

^{(26) 2005 asp 16; see the definition of "prescribed" in section 147(1).}

(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, 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.

Description of students' union

3. -(1) The sort of students' union described in this regulation is a students' union of-

(a) a university;
(b) a central institution; or
(c) 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, by the governing body of the central institution, or by the education authority, as the case may be.

(2) Expressions used in paragraph (1) which are also used in the Education (Scotland) Act 1980( ²⁷) have the same meanings in that paragraph as in that Act.

Modification of section 147(2)

4. In relation to a club which falls within the description prescribed in regulation 2(1), section 147(2) of the Licensing (Scotland) Act 2005 is to apply as if the expression "selling alcohol or other goods to trade" included selling alcohol or goods to a person for the purposes of the business of the club.

^{(27) 1980 c.44.}

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