Review of the Registered Clubs Industry in NSW - Clubs NSW

G ClubsNSW - steps to establishing a registered club
– The club must also be prepared to demonstrate that its existence meets a
genuine and substantial need (Registered Clubs Act section 25(1)(c)).
12. Obtaining the premises for a new club can be problematic. It is very rare for a
new club to acquire or lease existing premises that are suitable and have council
consent for use as a club. Generally new premises will have to be either built or
old premises will have to be significantly renovated so that they will meet the
requirements of the Registered Clubs Act and satisfy the local council or other
consent authority. All of this generally requires substantial funds (see above in
relation to the difficulty in raising funds). More specifically the premises must:
– Contain accommodation appropriate for the purposes of the club (Section
10(1)(g)).
– Have a properly constructed bar room (Section 10(1)(h)).
– Not be in the immediate vicinity of a place of public worship, a hospital or a
public school (Section 25(1)(f)).
– Be capable of being adequately managed by the governing body and
management of the club.
– Not be situated where the activities of the club will or will be likely to disturb
the quiet and good order of the neighbourhood (Section 25(1)(e)).
– Be approved by the local council or other consent authority to be used for the
purposes of a members club. This will involve a development application.
Councils and local consent authorities usually impose conditions on the granting
of development consent. Some of these, such as limitations on trading hours
could effect the long-term operations of the club. Without development approval
the club will not have council-approved plans of its premises. These are an
essential prerequisite for an application to the court under Section 7 of the
Registered Clubs Act.
13. When the above steps are completed the club will probably be in a position to
make an application under Section 7 of the Registered Clubs Act for a certificate of
registration. Commonly, obtaining Council approval involves not just a
development application but first a rezoning application. By its nature, a
rezoning application is a very politicised process.
14. An application for a certificate of registration is a substantial application to the
Licensing Court requiring evidence covering all the matters referred to in Section
10 and in appropriate cases anticipating and where necessary dealing with
potential grounds of objection indicated in Section 25. The new club must have an
initially approved secretary who holds RSA (and RCG, if gaming machines are
proposed), certification.
15. The application is filed with the Licensing Court and is then advertised both in a
local newspaper and in a state-wide newspaper. A copy of the application is also
displayed on the premises of the club.
Review of the Registered Clubs Industry in NSW IPART 255