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Restrictions on advertisements relating to functions in clubs.
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45.—(1) Subject to subsection (2) of this section, a person shall not publish, or cause to be published, any advertisement drawing attention to any function to be held on the premises of a registered club.
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(2) Subsection (1) of this section shall not apply to—
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(a) the publication of a notice inside the premises of the registered club in which the function is to be held, or
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(b) any advertisement in so far as it relates to a function involving any sport, game or physical recreation which does not take place outside the hours during which excisable liquor may be supplied or consumed on the club premises in accordance with the club rules, or
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(c) any circular issued by a registered club to its club members.
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(3) Where there is a contravention of subsection (1) of this section then—
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(a) the registered club,
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(b) every person entered in the register of clubs as an official or member of the committee of management or governing body of the club at the time the advertisement is published, and
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(c) any person who published the advertisement or caused it to be published,
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shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—
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(i) £300, in the case of a first offence, or
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(ii) £500, in the case of a second or subsequent offence.
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(4) In a prosecution for an offence under subsection (1) of this section—
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(a) it shall be a defence for a person mentioned in subsection (3) (b) of this section to prove that the advertisement was issued without his consent or connivance or that he exercised all due diligence to prevent the publication of any such advertisement, and
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(b) it shall be a defence for a person mentioned in subsection (3) (c) of this section to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement in question for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would constitute an offence under the said subsection (1).
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(5) For the purposes of this section an advertisement published by displaying or exhibiting it shall be treated as published on every day on which it is displayed or exhibited.
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(6) In this section “advertisement” includes every form of advertising, whether in a publication or by the display of notices or by means of circulars or other documents or by an exhibition of photographs or a cinematograph film, or by way of sound broadcasting or television or by inclusion in a cable programme service, and references to the publishing of an advertisement shall be construed accordingly.
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