Chapter 82:26- Members' Clubs

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L.R.O. 1/2012
LAWS OF GUYANA
MEMBERS’ CLUBS ACT
CHAPTER 82:26
Act
37 of 1952
Amended by
25 of 1958
20 of 1973 20 of 1992
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 9 ... 1/2012
LAWS OF GUYANA
2 Cap. 82:26 Members’ Clubs
L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation
Note
This Act was extended to the Exclusive Economic Zone by the Exclusive Economic Zone
(Extension of Enactments) Order 1992.
LAWS OF GUYANA
Members’ Clubs Cap. 82:26 3
L.R.O. 1/2012
CHAPTER 82:25
MEMBERS’ CLUBS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Obligation to license members’ club.
4. Penalty in respect of intoxicating liquor in unlicensed members’
club.
5. Penalty in respect of unauthorized sale of intoxicating liquor.
6. Search warrant.
7. Procedure and appeal.
8. Notification to Commissioner of discontinuance of a club or change
of secretary.
9. Regulations.
10. General penalty.
11. Saving as to clubs established by employers for employees.
12. Saving as to canteens and messes.
SCHEDULE—Regulations.
__________________________ 1953 Ed.
c. 321 _....________________________________________
37 of 1952 An Act respecting Members’ Clubs, and the Control of the
Sale of Intoxicating Liquor therein.
[26TH NOVEMBER, 1912]
Short title.
[20 of 1973]
Interpretation.
[20 of 1973]
1. This Act may be cited as the Members’ Clubs Act.
2. In this Act—
‚club‛ means any community or society consisting of not less
than twenty-five members who assemble or meet
together in pursuit of a common object;
LAWS OF GUYANA
4 Cap. 82:26 Members’ Clubs
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c. 79:04
c. 65:01

c. 89:01
‚Commissioner‛ means the Commissioner-General of the
Revenue Authority appointed under the Revenue
Authority Act and includes—
(a) any officer of the Revenue Authority
acting in the performance of his
duties;
(b) any mines officer within the meaning
of the Mining Act, authorised in
writing by the Commissioner to
perform any of the functions
conferred on the Commissioner of the
Revenue Authority by this Act, and
(c) any District Commissioner authorised
in writing by the Commissioner to
perform any of the functions
conferred on the Commissioner by
this Act;
‚intoxicating liquor‛ means spirits, wine, beer, porter, cider,
perry and any fermented, distilled or spirituous liquor
which cannot, according to any Act for the time being in
force relating to the sale of intoxicating liquor, be legally
sold unless duly authorised by a licence granted
thereunder;
‘’members’ club‛ means a club, all the property, funds and
assets of which belong jointly to the members thereof,
whether such are vested in trustees for the members or
otherwise, and includes a club registered as a company to
which a licence has been granted in accordance with
section 22 of the Companies Act or under the
memorandum or articles of association of which its
profits are not divisible amongst its members;
‚secretary‛, in relation to a club, includes any officer of a club
LAWS OF GUYANA
Members’ Clubs Cap. 82:26 5
L.R.O. 1/2012

c. 82:21

Obligation to
license
members’ club.
[20 of 1973]
c. 82:21

Penalty in
respect of
intoxicating
liquor in
unlicensed
members’ club.
[20 of 1973
20 of 1992]

Penalty in
respect of
unauthorised
sale of
intoxicating
liquor.
[20 of 1973
or other person performing the duties of a secretary;
‚unlicensed members’ club‛ means any members’ club which
is required to be licensed under the Intoxicating Liquor
Licensing Act but which is not so licensed.
3. (1) No person shall use or permit to be used
premises for the purpose of a club in which intoxicating
liquor is supplied to members or their guests unless the club
is a members’ club that is licensed in the manner provided in
the Intoxicating Liquor Licensing Act.
(2) The secretary of a members’ club shall apply
under the Intoxicating Liquor Licensing Act for the grant of a
certificate for the issue to, or renewal of a licence for, the club
and for the purposes of effecting compliance with, and the
enforcement of, the provisions of that Act the secretary shall
be deemed to be the holder of the Licence issued to the club.
4. (1) If any intoxicating liquor is supplied or sold to
any member or guest on the premises of an unlicensed
members’ club the person supplying or selling the liquor and
every person authorising the supply or sale of the liquor is
liable to a fine of ten thousand dollars and to imprisonment
for three months.
(2) If any intoxicating liquor is kept for supply or
sale on the premises of an unlicensed members’ club, every
officer and member of the club is liable to a fine of two
thousand five hundred dollars, unless he proves to the
satisfaction of the court that the liquor was so kept without
his knowledge or consent.
5. (1) If any intoxicating liquor is sold on the premises
of a members’ club without a licence in force authorising such
sale or contrary to the terms of any licence granted in respect
of such premises the secretary of the club is liable to a fine of
ten thousand dollars unless he shall prove to the satisfaction
LAWS OF GUYANA
6 Cap. 82:26 Members’ Clubs
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20 of 1992]

Search warrant.
[20 of 1973
20 of 1992]
c. 82:21

Procedure and
appeal.
[20 of 1973]
c. 10:02
of the court that all reasonable precautions have been taken to
prevent any such illegal sale.
(2) Any person selling, assisting in or privy to a
sale of intoxicating liquor in contravention of subsection (1) is
liable to a fine of ten thousand dollars.
6. (1) If a magistrate or justice of the peace is
satisfied by information on oath that there is reasonable
ground for supposing that any members’ club is so managed
or carried on as to constitute a ground mentioned in section
12 of the Intoxicating Liquor Licensing Act for refusing the
grant of a certificate, or that any intoxicating liquor is sold or
supplied, or kept for sale or supply, on the premises of an
unlicensed members’ club, he may grant a search warrant to
the Commissioner or any police constable named therein.
(2) A search warrant granted under this section
shall authorise the Commissioner or the police constable
named therein to enter the club at any time of any day within
one month from the date thereof, if need be by force, and to
inspect the premises of the club, to take the names and
addresses of any person found therein, and to seize any books
and papers relating to the business of the club.
(3) If any person required by the Commissioner
or a police constable under this section to give his name and
address fails to give the same or gives a false name or address
that person is liable to a fine of one thousand dollars.
7. (1) Proceedings under this Act may be taken, and
all penalties incurred may be imposed or recovered, in the
manner provided by the Summary Jurisdiction (Procedure)
Act.
(2) An appeal shall lie to the Full Court of the High
Court from any conviction, judgment, order or decision of a
magistrate made or given under this Act, and the procedure
LAWS OF GUYANA
Members’ Clubs Cap. 82:26 7
L.R.O. 1/2012

Notification to
Commissioner
of
discontinuance
of a club or
change of
secretary.
[20 of 1973]

Regulations.
[20 of 1973]
in respect of such appeals shall be such as is laid down in the
Summary Jurisdiction (Procedure) Act.
8. (1) In the event of the winding up, dissolution or
discontinuance of a members’ club the secretary thereof shall
notify the Commissioner of the date of such winding up,
dissolution or discontinuance.
(2) In the event of the person appointed to be the
secretary of a members’ club ceasing to hold office by reason
of death, resignation or dismissal it shall be the duty of the
chairman of the committee of a members’ club to notify such
fact in writing to the Commissioner and also the name of any
successor appointed, within fourteen days of the occurrence
of either of such events.
9. (1) The Minister may, subject to affirmative
resolution of the National Assembly, make regulations as to
all or any of the following matters—
(a) the hours of opening or closing of
club premises;
(b) the hours during which intoxicating
liquor may or may not be supplied to
members or their guests;
(c) restricting the supply of intoxicating
liquor to members for consumption
off the club premises;
(d) the manner of application for, the
procedure thereon and by whom an
application for extension of hours
during which a club may remain
open, or during which intoxicating
liquor may be supplied, may be
granted;
LAWS OF GUYANA
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Schedule.

General
penalty.
[20 of 1992]

Saving as to
clubs
established by
employers for
employees.
[20 of 1973]
c. 82:21
Saving as to
canteens and
messes.
[25 of 1958]
s. 9
[20 of 1973]
(e) the admission of visitors as guests or
temporary members of any members’
club.
(2) Until amended or revoked by any regulations
made under this section, the regulations contained in the
Schedule shall be in force.
10. Any person who contravenes any of the provisions
of this Act, for which no special penalty is provided, is liable
in the case of a first offence to a fine of five hundred dollars,
and in case of a second or subsequent offence to a fine of one
thousand dollars.
11. The Minister may, if satisfied that a club is
established and carried on by any person for the benefit of his
employees and not for profit or gain, direct the Board to treat
any application under the Intoxicating Liquor Licensing Act
as if such club was in fact a members’ club.
12. Nothing in the foregoing provisions of this Act
shall be deemed to prohibit or restrict the sale or supply of
intoxicating liquor to or in any Guyana Defence Force, Prison
Officers or Police Canteen or Mess where the sale or supply of
intoxicating liquor is carried on under the authority of the
Government.
__________________
SCHEDULE
REGULATIONS
1. These Regulations may be cited as the Registration
of Clubs Regulations.
2. The rules of every registered club shall provide for
the hours of opening and closing.
LAWS OF GUYANA
Members’ Clubs Cap. 82:26 9
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3. Nothing in this Schedule shall be deemed to
prohibit or restrict the supply of intoxicating liquor to a
member of a club residing on the club premises or his guests.
4. The secretary of a club may, if so authorised by the
rules of the club, issue in accordance therewith a card of
membership as a visiting member for not more than fifteen
days to a person temporarily visiting Guyana except that no
subscription shall be payable by such visiting member in
respect thereof and no such card shall be issued to the same
person more than twice in any one year; and nothing in this
regulation shall preclude the election of visitors as
temporary or honorary members of a club in accordance
with the rules of the club.
5. Subject to regulation 6, nothing in these Regulations
shall restrict the admission of persons to a club as visitors or
guests in accordance with the rules of the club nor the supply
of intoxicating liquor to a visitor or guest on the invitation
and at the expense of a member of the club or on the
invitation and at the expense of the club itself.
6. The member introducing a visitor or guest, or the
secretary when a card of membership has been issued to a
visiting member or when visitors or guests have been
admitted on the invitation of the club, shall cause to be
entered in the club register of visitors and guests the name
and address of any such visiting member, visitor or guest.
____________________

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