Registration of Clubs Act


Published: 1936-02-19

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REGISTRATION OF CLUBS 1

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THE REGISTRATION OF CLUBS ACT

ARRANGEMENT OF SECTIONS

Short title.
Interpretation.
Obligation to register clubs.
Register of clubs.
Mode of application for registration.
Notice to Superintendent of Police of application for registra-

Magistrate to consider application.
When Magistrate may refuse order to register.
Notice to Commiss:oner of Inland Revenue of registration.
Penalty for supplying or keeping liquor in Unregistered club.
Striking off club register.
Power to enter upon club premises.
Penalty for obstructing Constabulary.
Search warrant.
Penalty for false return of secretary.
Procedure.
General penalty.
Regulations.
Saving as to proprietary clubs established by employers for

employees.
Savings as to Canteens and Messes.

tion.

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REGISTRATION OF CLUBS 3

cap. 339.
Act

THE REGISTRATION OF CLUBS ACT
12 of 1985 [I9th February, 1936.1 19,1991. scb.

1. This Act may be cited as the Registration of Clubs short titl~.
Act.

2. In this Act- Interpw-
“club” means any community or society consisting of not tion*

less than twenty-five members who assemble or meet
together in pursuit of a common object;

“intoxicating liquor” means spirits, wine, beer, porter,
cider, perry and any fermented, distilled or spirituous
liquor which cannot, according to any law for the
time being in force relating to the sale of intoxicating
liquor, be legally sold unless duly authorized 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;

“proprietary club” means any club other than a members’
club;

“secretary”, in relation to a club, includes any officer of
the club or other person performing the duties of a
secretary and, in the case of a proprietary club where
there is no secretary the proprietor of the club;

“unregistered club” means a club which is required to be
registered under this Act, but is not so registered, or
which has been struck off the register of clubs.

3.-(1) The secretary of every club which OccUpieS 8 Obligation
house or part of a house which is habitually used for the 2ugvbr
purposes of a club, and in which any intoxicating liquor
is supplied to members or their guests, or any other

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4 REGISTRATION OF CLUBS

premises which are habitually so used, and in which any
intoxicating liquor is so supplied, shall cause the club to
be registered in manner provided in this Act.

(2) The registration of a club under this Act shall
not constitute the club premises, licensed premises, or
authorize any sale of intoxicating liquor therein which
would otherwise be illegal.

Register of 4.-(1) The Clerk of the Courts for every parish shall
keep separate registers of all registered members’ clubs and
proprietary clubs within the parish, but shall not enter a
club thereon without an order from the Resident Magistrate
in whose parish such club is situated.

(2) The register shall be in a form prescribed by the
Minister and shall contain-

clubs.

(a) the name and objects of the club;
(b) the address of the club;
(c) the name of the secretary and in addition, in the

case of a proprietary club, the name of the
proprietor;

(4 the number of members;
(e) the rules of the club relating t o -

(i) the election of members and the admission
of temporary and honorary members and
of guests;

(ii) the terms of subscription and entrance fee,
if any;

(iii) the cessation of membership;
(iv) the hours of opening and closing; and
(v) the mode of altering the rules.

(3) The Clerk of the Courts shall keep the register
of clubs corrected up to date in accordance with the returns
furnished by the secretaries as required by this Act, and

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REGISTRATZON OF CLUBS

the register shall at all reasonable hours be open to the
inspection of any constable or to a revenue officer.

5

5 - 4 1 ) The secretary of every club shall in the month of p$;fon
January in every year, and in the case of a new club, prior for
to the opening of the said club and in the month of January
in each succeeding year, make application to the Resident
Magistrate for the parish in which the club is situated for
an order to the Clerk of the Courts to enter the club on the
register.

(2) In support of such application, the secretary shall
produce to the Resident Magistrate a return signed by the
secretary giving the particulars mentioned in subsection (2)
of section 4, together with a statement also signed by him
that there is kept upon the club premises a register of the
names and addresses of the club members, and a record of
the latest payment of their subscriptions.

(3) The secretary shall give evidence to the satisfac-
tion of the Resident Magistrate in verification of the mat-
ters mentioned in the last preceding subsection.

(4) There shall be payable to the Collector of Taxes
in respect of each application for registration of-

dstmtion.

191 1991
S. 2 (a).

(b) a proprietary club, a fee of two thousand dollars, :gig!
(a) a members’ club, a fee of five hundred dollars;

and no application shall be entertained by the Resident
Magistrate unless at the making thereof he is satisfied that
payment of such fee has been made.

( 5 ) Where an application is refused by the Resident 19/1991
Magistrate, there shall be refunded to the applicant a sum s*2!c).
which-

(a) in respect of an application for registration of a
members’ club, shall be four hundred and fifty
dollars; and

(b) in respect of an application for registration of a
proprietary club. shall be one thousand eight
hundred dollars.

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6 REGISTRATION OF CLUBS

Notice to
Superintend-
ent of Police
of applica-
tion for
registration.

Magistrate
to consider
application.

When
Magistrate
may refuse
order to
register.

6. The secretary of every club shall, before making
application to the Resident Magistrate for an order to the
Clerk of the Courts to enter the club upon the register, give
twenty-one days’ notice to the Superintendent of Police for
the parish of his intention to apply and the Superintendent
shall-

(a) verify the particulars obtained in the return;
(b) make enquiries to enable him to inform the

Resident Magistrate to whom the application is
made upon the matters to be considered by him
under the next succeeding section;

(c) attend at the hearing of the application; and
(6) be entitled to object to the making of an order for

registration of the club either generally or on any
of the grounds of complaint set forth in section
11, subsection (1) .

7. The Resident Magistrate to whom application is made
shall duly consider the return furnished by the secretary
and his evidence in verification thereof, and the evidence
called by the Constabulary, and shall determine whether
the Clerk of the Courts enter the club in the register of
clubs and direct the Clerk accordingly.

8. The Resident Magistrate to whom application is made
shall not order the Clerk of the Courts to enter any club
in the register if in his opinion-

(a) the return furnished as aforesaid is inaccurate or
incomplete; or

(b) the objects, nature or system of management of
the club, or the character or antecedents of the
promoters, proprietors or secretary of the club, are
unsatisfactory, or the situation of the club
premises is unsuitable; or

(c) the club premises have, in his opinion, been pur-
chased or leased for the purpose of the said club
by any brewer, firm of brewers, brewery company,
distiller, distillers, or wine and spirit merchants;

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REGISTRATION OF CLUBS 7

or if, in his opinion, the club is compelled to
purchase intoxicating liquors from any brewer,
firm of brewers, brewery company, distiller, dis-
tillers, or wine and spirit merchants, in considera-
tion of money advanced to or on account of the
said club by the said brewer, firm of brewers,
brewery company, distiller, distillers or wine and
spirit merchants; or

(d) the premises for which application is made are
likely to become a nuisance to the neighbourhood;
or

(e) there is satisfactory proof of any of the grounds of
complaint set out in section 11, subsection (1);
or

cf> any other good cause is shown.

9. The Clerk of the Courts shall within three days of the Notice to
entry of a club in the register, send or cause to be sent to 2:nyti
the Commissioner of Inland Revenue notice that the said ~ ~ ; ~ u e o f
club has been entered in the register by him in conformity registration.

I2/1985
sch . with the provisions of this Act.

l@.-(l) If any intoxicating liquor is supplied or sold to Penalty for
any member or guest on the premises of an unregistered keeping
club, the person supplying or selling the liquor and every %:$:Ered
person authorizing the supply or sale of the liquor shall be club-
guilty of an offence and be liable to a penalty not exceed-
ing forty dollars.

supplying or

(2) If any intoxicating liquor is kept for supply or
sale on the premises of an unregistered club, every officer
and member of the club shall be liable to a penalty not
exceeding forty dollars, unless he proves to the satisfac-
tion of the court that the liquor was so kept without his
knowledge or consent.

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8 REGISTRATION OF CLUBS

striking off

register.

11.41) Where a club has been registered in pursuance
of this Act, a Resident Magistrate on complaint in writing
by any person may, if he thinks fit, make an order directing
the club to be struck off the register on all or any of the
following grounds, namely-

(a) that the club has ceased to exist or that the
number of members is less than twenty-five; or

(b) that it is not conducted in good faith as a club, or
that it is kept or habitually used for any unlawful
purpose; or

(c) that there is frequent drunkenness on the club
premises; or

(d) that illegal sales of intoxicating liquor have taken
place on the club premises; or

(e) that persons who are not members are habitually
admitted to the club merely for the purpose of
obtaining intoxicating liquor; or

01 that the club occupies premises in respect of which
within twelve months next preceding the form-
ation of the club, a licence has been forfeited or
the renewal of a licence has been refused, or in
respect of which an order has been made that they
shall not be used for the purposes of a club; or

(g) in the case of a members’ club that the supply of
intoxicating liquor to the club is not under the
control of the members or the committee appointed
by the members; or

(h) that the club has become a nuisance to the neigh-
bourhood.

(2) For the purpose of determining whether a club
is conducted in good faith as a club, the Resident Magis-
trate shall have regard to the nature of the premises
occupied by the club.

(3) If the Resident Magistrate grants a summons
on the complaint, the summons shall be served on the
secretary and on such other person, if any, as the Resident
Magistrate may direct.

club

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REGISTRATION OF CLUBS 9

(4) Where the Resident Magistrate makes an order
striking a club off the register, he may, if he think fit, by
that order further direct that the premises occupied by the
club shall not be used for the purposes of any club which
requires to be registered under this Act for a specified
period, which may extend, in case of a first order, to twelve
months, or, in case of a second or subsequent order to five
years :

Provided that any such direction may, for good cause
shown, be subsequently cancelled or varied by the Resident
Magistrate.

12. Any Superintendent or Assistant Superintendent of Power to
the Jamaica Constabulary Force may, at any t h e during club
such hours as a registered club’s premises are open to premises.
members, enter upon the premises and call far and inspect
all books and documents required to be kept on the
premises and take copies of any entry in such books or
documents and the provisions of sections 52 and 60 of the
Spirit Licence Act shall not apply to clubs registered under
this Act.

enter upon

13. Any servant, officer or member of a club who Penalty for obstructing obstructs or prevents, or attempts to obstruct or prevent Constatw-
any such Superintendent or Assistant Superintendent from law.
having free access to the dub premises during such hours
as the said premises are open to the members of the said
dub, or from obtaining information such as he is em-
powered to obtain for the purposes of this Act, shall be
liable to a penalty not exceeding twenty dollars for the first
offence and for any subsequent offence to a penalty not
exceeding one hundred dollars.

14.41) If a Resident Magistrate or a Justice is satisfied Search
warrant. by infurmation on oath that there is reasonable ground for

supposing that any registered club is so managed or carried
on as to constitute a ground for striking it off the register,

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10 REGISTRATION OF CLUBS

or that any intoxicating liquor is sold or supplied, or kept
for sale or supply, on the premises of an unregistered club,
he may grant a search warrant to any constable named
therein.

(2) A search warrant granted under this section shall
authorize the constable named therein to enter the club,
if need be by force, and to inspect the premises of the
club, to take the names and addresses of any persons found
therein, and to seize any books and papers relating to the
business of the club.

Penalty for 15.-(1) If the secretary of any registered club or any
of secretary. club which is required to be registered under this Act

omits to make any return required by this Act, he shall
be liable to a penalty not exceeding twenty dollars and in
the case of a second or subsequent offence to a penalty not
exceeding forty dollars.

(2) If the secretary of any such club knowingly
makes a return which is false in any material particular,
he shall be IiabIe to a penalty not exceeding one hundred
dollars.

false return

Procedure. 16. All penalties hereby imposed shall be recovered and
enforced in a summary manner before a Resident Magis-
trate of the parish where the offence is committed, who,
if such penalty be not forthwith paid, may impose imprison-
ment with or without hard labour for any period not
exceeding six months.

General 17. Any person who acts in contravention of or fails to
comply with any of the provisions of this Act, or any
regulations made thereunder, for which no special penalty
is provided by this Act, shall be liable in the case of a first
offence to a penalty not exceeding ten dollars, and in case
of a second or subsequent offence to a penalty not exceed-
ing twenty dollars.

penalty.

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REGISTRATION OF CLUBS 11

18.41) The Minister may make regulations as to all or Regulations.
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) 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 sup-
plied, may be granted;

(d) the admission of visitors as guests or temporary
members of any registered club.

(2) Any such regulation may differentiate between
a members’ club and a proprietary club.

(3) Regulations made under this section shall be
subject to affirmative resolution and, when so approved by
resolution, shall be published in the Gazette and as from
the date of publication or from the date specified therein,
such regulations shall have the same force and effect as if
they were contained in and formed part of this Act.

19. The Minister may, if satisfied that a proprietary club Saving as to
is established and carried on by any person for the benefit clubs proprietary = b-
of his employees and not for profit or gain, direct the E$$$s
Resident Magistrate to treat any application under section for
5 as if such club was in fact a members’ club. employees.

20. Nothing in the foregoing provisions of this Act or Savings as
in the Spirit Licence Act shall be deemed to prohibit or to and Canteens M ~ ~ ~ ~ .
restrict the sale or supply of intoxicating liquor to or in
any Naval, Military, Air Force, Constabulary or Volun-
teer Force Canteen or Mess.

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Related Laws

1925 Clubs Act