Clubs & Alcohol

Table of Contents

Licensed Clubs

Licensed clubs have many of the privileges of licensed premises. The Registration of Clubs legislation accords a status which is broadly similar to that applicable to a premises which holds an Intoxicating Liquor licence.

The licence/club registration is granted by the court and Revenue Commissioners are notified of registration. Premises must be registered under the Registration of Clubs act. Registration is equivalent to the grant of a licence.

An application is made to the Circuit Court for a certificate of registration. A further application is also required where there is any reconstruction or significant alteration of the premises.

It is possible as, under equivalent provisions in the intoxicating liquor code to make an application for a declaration of suitability in advance of acquiring built billing for altering premises. The declaration of suitability application is made to the Circuit Court in the case of an application relating to the acquisition, construction, or alteration of premises with a view to having registered as a club. The application is made to the District Court in relation to an existing registered club.

Renewal

An application is made for renewal to the District Courts annual licensing court. The application is made giving at least 21 days’ notice court offices and one months’ notice to the fire authority.

The court office inform Garda Siochana of the application. The notice must be published in a daily newspaper circulating in the locality. The applicant must large copies of the rules details of the officials and management committee, names of members, statutory certificate signed by piece commissioners. Fee and excise duty are payable on the application.

The court considers the documents lodged proofs and objections and may grants or refuse to grant the certificate. There is an appeal to the Circuit Court in the case of renewal by the District Court.

Objections

An objection may be made to the grant renewal of the club certificate. The objection may be taken by an Garda Siochana or a person resident in the parish in which the club premises is situate.

A private objector must lodger the objections with the court within 10 days of publication of the notice of the application and send the same to the club secretary at the same time. The objective shall give notice to superintendent Garda Siochana,

Supt of an Garda Siochana may object to the renewal. Grounds of objection may include

the character of certain key persons on the management committee
suitability of premises
conformity of rules of legislation
conduct of the premises in good faith
frequent drunkenness disorderliness
illegal sales
admission of non-members
previous forfeiture
habitual breach of rules

Requirements for Rules

The rules must contain certain mandatory provisions including that

its affairs be managed by a committee elected at least annually by the members
no member of the committee or manager has any personal interest in the sale of intoxicating liquor nor the profits from such sale
names and addresses of persons proposed to be members to be nominated these two weeks before election
such names and addresses be published at least a week before election
proper books and accounts be kept
subscription to be provided; possible honorary or temporary members subject to conditions
the provisions regarding visitors and alcohols set out separately to be provided
general provisions regarding sale to underage persons
general provisions regarding opening hours, they are the same as those applicable to a licensed hotel or restaurant
30 minutes drinking up time is allowed.

The management committee must retain responsibility for the affairs of the club. If it hires a manager or managing agents, it must not relinquish its responsibilities.

Supply of Alcohol

Members may be supplied with intoxicating liquor while on the club’s premises. The alcohol must be for consumption on the premises. Alcohol may not be served outside the prohibited hours.

A visitor may be supplied with intoxicating liquor on invitation and in the company of a member. The name must be entered in the visitors book. A visitor may not be charged for intoxicating liquor. The member may pay for the visitors intoxicating liquor. Breach is an offence.

A visiting group, which is a club society organisation, may be supplied with intoxicating liquor in the presence of and at the request of a club official. He or she Must enter details of the group including its name and numbers of persons in the visitors book. Persons in a visiting group may be charged.

A person who partakes of a meal may be supplied with intoxicating liquor regardless of whether or not he is a member. A person may be served with partaking of a meal for one hour after the normal hours for serving intoxicating liquor.

Extensions

Clubs may be granted up to 15 extensions within the licensing year. An application may be made for an extension of club hours up to 6 hours Application is made to the District Court on notice to the Garda Siochana. Two days’ notice is required.

A function may not be held the club premises unless

it is for the benefit of the club as a whole
related to the clubs objects and is organised by the club.

Members only and their guests may be present.

The above limitations do not apply

where the whole proceeds after deducting expenses are devoted to community charitable or benevolent purposes
where the function is organised by a club for a member or his family and as with only the member and guests present

A person shall not publish any advertisement drawing attention to a function to be held on the premises of a registered club. This does not apply to

publications inside the premises,
advertisements relating to a function involving any sport game for physical recreation that does not take place outside the hours at which intoxicating liquor may be consumed on the club premises
circular issued by the club to the members
advertisements relating to a function at which intoxicating liquor is not served

Special Events

Clubs whose function is the promotion of outdoor pastimes sports games and recreation amongst its members may be authorised for one special event which may attract a considerable number of people held in the club premises or grounds.

An application is made to the District Court. The exemption may be for up to 5 days. It is to apply during such hours as the court directs.

The club must be bona fide members club. It must not be privately owned or personal club.

The club must be a members club and cannot be a private restricted club. Clubs registered before 22 June 1988 must have at least 25 members. Clubs registered after that date must have at least 150 members.

Rules Requirements

Legislation requires that there be certain restrictions and conditions in the club rules.

The club itself may be prosecuted for breach of the legislation. Club officials and managers may be prosecuted for breaches of legislation. The club is liable for the acts of its employees and agents.

There are provisions for the cancellation of the certificate on foot of a stand-alone application brought by a person competent to lodge an objection. The court may cancel the certificate.

An initial application is made to the District Court for a determination that a grounds of objection has been established. Where this takes place in the case of certain convictions, the court may make further enquiry having regard to the magnitudes of the offence and the ground specified and may in a subsequent hearing cancel the certificate for such period as it has to run. In this case an application can be made for the renewal of the certificate and the subsequent annual licensing court.

Where an application for renewal of the certificate has been refused the court may make an order that the premises shall not be used as a club for a specified period up to 12 months.

Unregistered Club

Members of the club which is not registered under the legislation may not serve intoxicating liquor to its members or others. Consumption on club premises is permissible where alcohol is brought within 12 hours of consumption by or on behalf of members of the club or where such consumption is on an exceptional and infrequent basis. The onus of proof is on the persons concerned.

Where stocks of alcohol are kept it is presumed that it is an unlicensed premises.. It is an offence to sell intoxicating liquor in such premises. An unlicensed premises is one which is not licence under the intoxicating liquor acts or the Registration of Clubs Act. It does not apply to private premises and consumption of alcohol by the occupier members of the family persons residing or working there and bona ide private guests.

A person may not be in or consume intoxicating liquor in an unlicensed linking premises unless he is excepted.

A person supplying intoxicating liquor to premises known to be unlicensed for consumption is deemed to aid and abet commission of an offence and is liable for prosecution and conviction accordingly.