Clubs' Registration Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE CLUBS' REGISTRATION ACT
CHAPTER 162 OF THE LAWS OF ZAMBIA
CHAPTER 162 THE CLUBS' REGISTRATION ACT
THE CLUBS' REGISTRATION ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Every club where intoxicating liquor is habitually sold, to be registered
4. Registration does not constitute club premises licensed premises, etc.
5. Application for registration
6. Mode of registration
7. Registration fees
8. Grounds for cancellation of registration
9. Permit for supply of intoxicating liquor for consumption off club premises
10. Sale or supply of intoxicating liquor by an unregistered club
11. Registers of members and guests
12. Power of entry of club premises
13. Search warrant
14. Regulations
SCHEDULE -Prescribed forms

nregistered club
11. Registers of members and guests
12. Power of entry of club premises
13. Search warrant
14. Regulations
SCHEDULE -Prescribed forms

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
CHAPTER 162
CLUBS' REGISTRATION
An Act to provide for the registration and control of clubs situated within Zambia;
and to provide for matters incidental thereto or connected therewith. [1st January, 1927]
20 of 1926
36 of 1933
23 of 1936
60 of 1953
34 of 1958
30 of 1961
7 of 1963
57 of 1964
27 of 1966
33 of 1966
24 of 1977
12 of 1992
7 of 1993
2 of 1994
13 of 1994
Government Notices
304 of 1964
497 of 1964
502 of 1964
Statutory Instrument
91 of 1965
1. This Act may be cited as the Clubs' Registration Act. Short title
2.

nt Notices
304 of 1964
497 of 1964
502 of 1964
Statutory Instrument
91 of 1965
1. This Act may be cited as the Clubs' Registration Act. Short title
2.

In this Act, unless the context otherwise requires- Interpretation
"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;
"club premises" means any building, room or meeting place where members of a
club or their guests assemble;
"intoxicating liquor" means any spirit, wine, ale, beer, porter, cider, perry, hop-beer
or any liquor containing more than two per centum of alcohol and any other
liquor which the Minister may from time to time declare, by statutory notice,
to be an intoxicating liquor within the meaning and operation of this
definition;
"officer of a club" means a person taking part in the direction or management of a
club irrespective of whether he acts in an honorary or paid capacity;
"secretary" means any officer of a club or other person performing the duties of a
secretary;
"unregistered club" means a club which requires under this Act to be registered but
is not registered or in respect of which the registration has been cancelled
or has not been renewed in accordance with subsection (2) of section six. (As amended by No. 7 of 1963 and G.N. No. 304 of 1964)

on has been cancelled
or has not been renewed in accordance with subsection (2) of section six. (As amended by No. 7 of 1963 and G.N. No. 304 of 1964)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
3. The secretary of every club which occupies a house or part of a house or other
premises which are habitually used for the purposes of a club and in which any
intoxicating liquor is supplied to members or their guests shall make application to the
District Secretary of the District in which the club premises are situate to be registered in
accordance with the terms and provisions of this Act. In the case of a club which is open
on the commencement of this Act, such application shall be made within six weeks
thereafter, and in the case of a new club requiring registration which is about to be opened
after the commencement of this Act, such application shall be made before the opening of
the club. Every club where
intoxicating liquor is
habitually sold, to be
registered
4. The registration of a club under this Act shall not constitute the club premises
"licensed premises" or authorise any sale of intoxicating liquor thereon which would
otherwise be illegal under any written law. Registration does not
constitute club
premises licensed
premises, etc. 5.

ating liquor thereon which would
otherwise be illegal under any written law. Registration does not
constitute club
premises licensed
premises, etc. 5.

Any application to the District Secretary for registration of a club shall be
accompanied by an affidavit containing the particulars set out in Form 1 in the Schedule
signed by the secretary. Application for
registration
6. (1) Upon consideration of the application the District Secretary if satisfied as to
the bona fides of the club shall, subject to the provisions of subsection (3), in his discretion
grant the same and shall issue a Certificate of Registration in Form 2 in the Schedule and
thereupon the club shall be deemed to be duly registered. Mode of registration
(2) The secretary of every club shall, in the month of December in the year in which
the club was first registered under this Act and in the month of December of every year
subsequent to that year, make application to the District Secretary for renewal of the
Certificate of Registration, together with a statement showing the number of members of
the club at the date of the application and any alteration made in the club rules since the
club was first registered or during the preceding year, as the case may be.

ate of the application and any alteration made in the club rules since the
club was first registered or during the preceding year, as the case may be.

Upon
consideration of the application the District Secretary shall, subject to the provisions of
subsection (3), in his discretion grant the application and renew the Certificate of
Registration. (3) The District Secretary shall not-
(a) register or renew any registration of any club unless he is satisfied-
(i) that the club is managed by a committee of its members;
(ii) that such committee holds regular meetings of which proper minutes
are kept;
(iii) that the election of such members is either by the committee or by
all members of the club;
(iv) that a register of members and a register of guests and proper
accounts are kept;
(v) that no profit from the supply of liquor by the club accrues to any
individual;

of members and a register of guests and proper
accounts are kept;
(v) that no profit from the supply of liquor by the club accrues to any
individual;

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(b) save with the approval in writing of the Minister in any particular case,
register or renew the registration of any club if the annual subscription
payable by each ordinary member thereof is more than thirty-two fee units. (4) An appeal against the refusal of the District Secretary to grant any application
under this section shall lie to the High Court which may reverse such decision where it is
satisfied that the District Secretary ought to have granted the application. (As amended by No. 7 of 1963 and, Nos. 27 and 33 of 1966, and Act No. 13 of 1994)
7.

hat the District Secretary ought to have granted the application. (As amended by No. 7 of 1963 and, Nos. 27 and 33 of 1966, and Act No. 13 of 1994)
7.

(1) Subject to the provisions of subsection (2), the fees payable on the original
registration and on renewal of such registration shall be as follows:
Registration fees
Fee units
For a membership of 25-100 100
For a membership of 100-200 200
For a membership of 200-300 300
For a membership of 300-400 400
For a membership of 400-500 500
For a membership of over 500 600
(2) The Minister may, by statutory notice, where he considers that it is in the
circumstances equitable so to do, authorise an original registration or a renewal of such
registration in any particular case at such fee as is specified in such notice:
Provided that the powers of the Minister under this subsection shall not extend to
any club where the membership thereof is in excess of one hundred. (Amended by Act No. 7 of 1963 12 of 1992 and Act No. 13 of 1994)
8.

l not extend to
any club where the membership thereof is in excess of one hundred. (Amended by Act No. 7 of 1963 12 of 1992 and Act No. 13 of 1994)
8.

(1) When a club has been registered in pursuance of this Act, a District Secretary
on complaint in writing by any person may, if he thinks fit, make an order cancelling the
registration of any club on all or any of the following grounds:
Grounds for
cancellation of
registration
(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, 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

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

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(e) that persons who are not members are habitually admitted to the club
merely for the purpose of obtaining intoxicating liquor; or
(f) that persons are admitted to membership of the club within a period of less
than forty-eight hours from the time of making application for such
membership; or
(g) that guests are habitually admitted to the club without their names and
addresses having been entered in the register of guests; or
(h) that the conditions of admission to membership of the club are unduly
restrictive; or
(i) that persons are denied admission to membership of the club solely on the
ground of their race. (2) An appeal against any order made under this section shall lie to the High Court
which may reverse such order. (As amended by No. 34 of 1958, No. 30 of 1961
and No. 27 of 1966)
9.

made under this section shall lie to the High Court
which may reverse such order. (As amended by No. 34 of 1958, No. 30 of 1961
and No. 27 of 1966)
9.

(1) No registered club shall supply any intoxicating liquor for consumption off the
club premises otherwise than in accordance with a permit issued by the District Secretary:
Permit for supply of
intoxicating liquor for
consumption off club
premises
Provided that nothing in this subsection shall apply to any supply of intoxicating
liquor authorised under the provisions of a retail liquor licence issued under the Liquor
Licensing Act. Cap. 167
(2) Every permit issued under this section shall expire on the 31st December in the
year in which it was issued, and may thereupon be renewed. (3) Application for a permit under this section and for any renewal thereof shall be
made in such form and manner as may be prescribed, and such permit may be issued or
renewed, as the case may be, at the discretion of the District Secretary, subject to such
conditions as he may impose, on the payment of seven hundred and fifty fee units or such
lesser sum as the Minister may direct in any particular case.

conditions as he may impose, on the payment of seven hundred and fifty fee units or such
lesser sum as the Minister may direct in any particular case.

(4) If any intoxicating liquor is supplied in any registered club in contravention of the
provisions of this section, then any person so supplying such liquor and every officer of
such club shall be guilty of an offence and shall be liable to a fine not exceeding one
thousand five hundred penalty units:

quor and every officer of
such club shall be guilty of an offence and shall be liable to a fine not exceeding one
thousand five hundred penalty units:

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Provided that in the case of an officer of a registered club, it shall be a defence for
such officer to prove that such supply was made without his knowledge or consent. (No. 34 of 1958 as amended by G.N.No. 304 of 1964
and Act No. 13 of 1994)
10. (1) If any intoxicating liquor be supplied or sold to any member or guest on the
premises of an unregistered club, the person or persons supplying or selling such liquor or
authorising the supply or sale of the same shall be liable on conviction to imprisonment
with or without hard labour for a term not exceeding one month or to a fine not exceeding
one thousand five hundred penalty units, or to both. Sale or supply of
intoxicating liquor by
an unregistered club
(2) If any intoxicating liquor is kept for supply or sale on any unregistered club
premises, every officer and member of such club shall be liable on conviction to a fine not
exceeding three hundred penalty units, unless he prove to the satisfaction of the Court
that such liquor was so kept without his knowledge or against his consent. (As amended by Act No. 13 of 1994)
11.

ove to the satisfaction of the Court
that such liquor was so kept without his knowledge or against his consent. (As amended by Act No. 13 of 1994)
11.

(1) Every registered club shall keep on the club's premises a register of
members and a register of guests. Registers of members
and guests
(2) A member introducing a guest, or the secretary when guests have been invited
on the invitation of the club, shall cause to be entered in the register of guests the name
and address of any such guest. (No. 30 of 1961)
12. (1) Any police officer of or above the rank of Assistant Superintendent and,
where there is no police station within ten miles of the club premises, any Administrative
Officer may, at any time during such hours as the premises of a registered club are open
to members, enter upon the premises and make inquiries for the purpose of this Act and
may-
Power of entry of club
premises
(a) call for and inspect the register of members and the register of guests;
(b) inspect the club premises; and
(c) take the names and addresses of any persons found on the club premises. (2) Any person who, having been required under the powers conferred by
subsection (1) to give his name and address, fails to give the same or gives a false name
or address shall be guilty of an offence and liable to a fine not exceeding three hundred
penalty units.

fails to give the same or gives a false name
or address shall be guilty of an offence and liable to a fine not exceeding three hundred
penalty units.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(3) Any person having charge of the register of members or the register of guests
who refuses or fails to produce the same on demand to any person authorised to call for
the same under the provisions of subsection (1) shall be guilty of an offence and liable to
a fine not exceeding seven hundred and fifty penalty units. (No. 30 of 1961 as amended by G.N.No. 502 of 1964
and Act No. 13 of 1994)
13. (1) If a magistrate is satisfied by information 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 cancelling its registration, 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 police officer of or above the rank of Sub Inspector named therein.

ply, on the premises of an unregistered club, he may grant a search
warrant to any police officer of or above the rank of Sub Inspector named therein.

Search warrant
(2) A search warrant granted under this section shall authorise the police officer
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. (As amended by No. 36 of 1933 S.I. No. 91 of 1965
and Act No. 24 of 1977)
14. (1) The Minister may, by statutory instrument, make regulations as to all or any
of the following matters:
Regulations
(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 form and manner in which application for a permit under section nine or
for any renewal thereof shall be made;
(d) the manner and form in which applications for registration or renewal
thereof shall be made and the manner of hearing such applications;
(e) the surrender of cancelled or determined Certificates of Registration. Regulations made under the provisions of paragraph (a) or (b) shall apply either to all
clubs or to such clubs only as may be specified therein.

tion. Regulations made under the provisions of paragraph (a) or (b) shall apply either to all
clubs or to such clubs only as may be specified therein.

(2) The regulations may prescribe penalties, including revocation of registration, for
any contravention thereof or failure to comply therewith, not exceeding a fine of one
thousand five hundred penalty units or in default of payment imprisonment not exceeding
six months with or without hard labour. (As amended by No. 34 of 1958, G.N. No. 304 of 1964
and Act No. 13 of 1994)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

34 of 1958, G.N. No. 304 of 1964
and Act No. 13 of 1994)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SCHEDULE
PRESCRIBED FORMS
FORM 1
(Section 5)
THE CLUBS' REGISTRATION ACT
APPLICATION FOR REGISTRATION
I, ...................................................................................................................................................... of ..................................... make oath and says as follows:
1. I am the duly appointed Secretary of a Club known as .................................................................................................... 2. The number of members of such Club at the date of this application is .......................................................................... 3. The objects of the Club are .............................................................................................................................................. 4. The Club premises are situate at .................................................................................................................................... 5. The paper writing hereunto annexed marked "A" contains a true copy of the Rules of the Club. 6.

................................................... 5. The paper writing hereunto annexed marked "A" contains a true copy of the Rules of the Club. 6.

I have been authorised by the members to make application for registration of the Club. Sworn at .................................................................................................................................................................................... this ........................................... .day of ..................................................................................................................................... Before me:
.................................................................. Magistrate
(As amended by No. 36 of 1933)

.............................. Before me:
.................................................................. Magistrate
(As amended by No. 36 of 1933)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM 2
(Section 6)
THE CLUBS' REGISTRATION ACT
CERTIFICATE OF REGISTRATION
IT IS HEREBY CERTIFIED that registration of the Club known as .......................................................................................... with its premises situate at.......................................................................................................................................................... has this day been *(1)effected in accordance with the provisions of the Clubs'
......................................................................................................................................................................................renewed
Registration Act. Dated this .................................... day of ....................................................................................................................19 ...... .................................................................. District Secretary,
..................................................DISTRICT
*Strike out whichever word is appropriate.

............................ District Secretary,
..................................................DISTRICT
*Strike out whichever word is appropriate.

This Certificate lapses if not renewed during the month of December in every year. (As amended by No. 33 of 1966)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SUBSIDIARY LEGISLATION
CLUBS' REGISTRATION
SECTIONS 9 AND 14-THE CLUBS (LIQUOR) REGULATIONS Government Notice
152 of 1959
Regulations by the Minister
1. These Regulations may be cited as the Clubs (Liquor) Regulations. Title
2. An application for a permit under section nine of the Act and for any renewal
thereof shall be made in writing to the District Secretary by the club secretary. The
application shall state the name of the club, the situation of the club premises and the
number of members at the date of application.
Form and manner of
application for permit

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Endnotes
1 (Popup - Popup)
Strike out whichever word is appropriate