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CLUB LAW AND MANAGEMENT

IA Ticket Returns

It was agreed by the Council of the ACC that the number of IA Tickets that may be returned each year be increased from 10 to 100. This is to take immediate effect and is valid for 2015 IA Ticket returns. We hope this will enable Clubs to purchase larger amounts of IA Tickets at any time in the knowledge that they can send back up to 100 unsold IA Tickets for a full refund or credit.

Linneweber 1 Outcome

The outcome of the Supreme Court Hearing in Rank (Linneweber 1) was released in mid-July. Disappointingly the Court found in favour of HMRC which means that at this point there is no obligation for HMRC to make payments to those clubs who made a Linneweber 1 claim. We understand that this matter is not wholly settled with further court hearings required to finalise the matter although we do not now expect a positive outcome to this matter.

We do, however, understand that Linneweber 2 claims remain valid and that there are a number of test cases being prepared to take that matter forward. We shall continue to update Clubs regarding the Linneweber 2 case.

We appreciate that Clubs may be disappointed with the Supreme Court’s decision. Whilst the case was never guaranteed to be successful, in hindsight it is unfortunate that Rank was initially successful which led to HMRC refunding Linneweber 1 claims whilst simultaneously appealing the initial decision. This led to rather more administrative paperwork for Clubs than would have been required had the case simply proceeded through the judicial system until a final decision
was reached. We do, however, consider that it was worth Clubs placing a speculative claim regarding Linneweber 1 and we thank Chris Haley from Dransfields and Ian Spencer from Ian Spencer and Associates Ltd for their assistance during this lengthy and ongoing case.

Temporary Event Notice Increase

 From 2016 the number of Temporary Event Notices (TENs) which can be used by a Club is increasing from 12 to 15. We are sure that Clubs will find this news helpful when trying to plan events for next year. 
When a Club has successfully applied for a TEN it provides the Club with authority to serve alcohol to non-Members. This can be helpful when the Club is hosting an event which the Committee wishes to be open to Members of the Public, such as a beer festival. TENs can also be used to allow nonmembers to hold events at the Club where alcohol will be available for sale although should a non-member become a Member and invite only their guests to attend the event then a TEN would not be required. A TEN could also be required if the Club wishes to serve alcohol later than its permitted licensable hours.
Whilst each TEN can last for a period of up to seven days, no more than 21 days can be covered within a calendar year. If an event starts on one day and finishes the next morning this is two days out of the limit of 21 per year. Please note that the number of applications made in any one year by any one individual will remain five. Therefore, Club Officers can divide the applications in order to take full advantage of these events, e.g. the Secretary
makes the first five applications, the Treasurer the next five and the Chairman the remaining two.
A TEN request must be copied to the relevant Chief Officer of Police at least ten working days before the event. The TEN (in a prescribed form) must contain the following information– - The licensable activities to be carried out 
- The total length of the event (not to exceed ninety-six hours)
- The times during which the licensable activities are to be carried out
- The maximum number of people to be allowed onto the premises at any one time (not to exceed 500)
- Whether any alcohol sales are to be made for consumption on or off the premises (or both) Licensing Authority Officials are required to acknowledge receipt of the TEN and provided they do not issue a counter notice and the Police do not object the event can
go ahead.

Preventing Noise Complaints

During the summer, it is common for Club Members and their guests to want to enjoy a Club’s outside space late into the evening. It is, however, important to be considerate to the Club’s
neighbours to prevent any noise complaints. A proactive approach to noise complaints is the best way to prevent them escalating. Just one complaint could result in an Abatement Notice which could eventually result in a fine for the Club. 
We advise Clubs to work with their neighbours to prevent noise problems occurring. By creating a relationship with the Club’s neighbours they will hopefully approach the Club first in the event of a problem. The Club can also be proactive by notifying neighbours if a ‘noisy’ event is due to take place. When a noisy event is taking place it is a good time to walk around the Club to see where any noise is coming from – you may find that a few simply modifications will reduce the noise coming from the Club. Making sure doors and windows are closed whilst late events are taking place is also important when trying to limit noise pollution. If a complaint is received from a neighbour take it seriously and try to address the concerns the Club’s neighbour has raised. The Club can also approach the local environmental health officer for a free consultation over how the Club can limit noise pollution.

ACC Service Awards Update

Both the ACC Badge of Honour and Distinguished Service Award (with five year bar) continue to be popular awards for Clubs to present to Officers and Committee Members for service.

The ACC Badge of Honour and Distinguished Service Award will now no longer be supplied to Clubs engraved. Increasingly Clubs have asked to undertake their own engraving arrangements. Most high streets now have engravers who can quickly and inexpensively provide an engraving service which can often enable a club to personalise each award.

To reflect this, the price of the Badge of Honour has been reduced from £100 to £75 inclusive of P&P and VAT. The Distinguished Service Award, however, will remain priced at £30 inclusive of P&P and VAT, a price which has been held for a number of years and which was due to be increased. Additionally five year bars for the Distinguished Service Award can be purchased for £10.
Both awards can be ordered via email assistance@toryclubs.co.uk
or by telephoning Sue on 0207 222 0868.

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Sky Sports Barclays Premier League 2015: August to September Schedule and Football League update

We understand that Clubs with the facilities to show live football find it useful to see in advance when either high interest national games or local games are being shown and we hope our sports planner will allow Clubs to plan in advance for these popular matches.

August:
Chelsea v Swansea City - Sat August 8 - 5:30pm
Arsenal v West Ham United - Sun 9 Aug - 1.30pm
Stoke City v Liverpool - Sun 9 Aug - 4pm
West Bromwich Albion v Manchester City - Mon 10 Aug - 8pm
Aston Villa v Manchester United - Fri 14 Aug - 7.45pm
Crystal Palace v Arsenal - Sun 16 Aug - 1.30pm
Manchester City v Chelsea - Sun 16 Aug - 4pm
Liverpool v Bournemouth - Mon 17 Aug - 8pm
West Bromwich Albion v Chelsea - Sun 23 Aug - 1.30pm
Everton v Manchester City - Sun 23 Aug - 4pm
Arsenal v Liverpool - Mon 24 Aug - 8pm
Tottenham Hotspur v Everton - Sat 29 Aug - 5.30pm
Southampton v Norwich City - Sun 30 Aug - 1.30pm
Swansea City v Manchester United - Sun 30 Aug - 4pm

September:
Manchester United vs Liverpool - Sat 12 Sep 5.30pm
Sunderland vs Tottenham Hotspur - Sun 13 Sep 1.30pm
Leicester City vs Aston Villa - Sun 13 Sep 4pm
West Ham United vs Newcastle United - Mon 14 Sep 8pm
Manchester City vs West Ham United - Sat 19 Sep 5.30pm
Tottenham Hotspur vs Crystal Palace - Sun 20 Sep 1.30pm
Southampton vs Manchester United - Sun 20 Sep 4pm
Newcastle United vs Chelsea - Sat 26 Sep 5.30pm
Watford vs Crystal Palace - Sun 27 Sep 4pm
West Bromwich Albion vs Everton - Mon 28 Sep 8pm

In addition, Sky Sports will kick off its biggest ever season of Sky Bet Football League with three live matches across the opening weekend, beginning with Brighton and Hove Albion’s Friday evening home match against Nottingham Forest on 7 August. Sky Sports will show 19 of the Sky Bet Championship clubs by the start of October, and as part of the initial selection of 16 matches to be shown live, there are also matches from League One and League Two. Thanks to the start of the new broadcasting partnership between Sky and the Football League, Club Members can enjoy more matches than ever before; 127 live fixtures including the playoff matches and three finals from Wembley, kicking off with matches from Brighton, Leeds and Preston as the football season returns.

Now: Pensions Update

We wish to clarify an aspect of the Now: Pensions policy requirements regarding when ‘Entitled Workers’ are placed into the Now: Pensions pension scheme. Entitled Workers, aged 16 to 74 earning below £5,772 are not required to be opted into the Club’s pension scheme although they are able to opt into the scheme if they wish. Legally, Entitled Workers will have to make an employee contribution of 1% although the employer does not have to make a contribution. Now: Pensions, however, require employers to make an employer contrition of 1% for any Entitled Worker who is opted into the Now: Pensions pension scheme. We believe that Clubs should be aware of this Now: Pensions requirement prior to making a decision whether or not to use Now: Pensions services.

Information Packs and Legal Documentation available from the ACC Free of Charge

ACC Room Hire Agreement

 

Following requests from Clubs, the ACC has produced a standard room hire agreement which is suitable for use by Clubs. The agreement is available from the ACC at no cost. The room hire agreement is ready to be completed at the time of a booking and includes space for a deposit to be taken to secure the room is applicable. We hope that this document will be of assistance to Clubs. The ACC Room Hire Agreement can be provided electronically or as a hard copy. To receive an electronic copy please email Charles@toryclubs.co.uk. To receive a hard copy please contact 0207 222 0868.

 

ACC Catering Franchise Pack

 

The ACC provides at no cost a Catering Franchise Pack. This Contract pack can be used by Clubs which have a franchisee who uses the Club’s facilities to prepare and serve food within the Club. The Franchisee Contract permits the Committee to decide if the franchisee shall pay a set fee per month to the Club for use of the Club’s facilities, shall pay to the Club a percentage of the profits from the sale of food or that a combination of both methods of remuneration shall be utilised. The Catering Franchise Contract Pack can be provided electronically or as a hard copy. To receive an electronic copy please email Charles@toryclubs.co.uk. To receive a hard copy please contact 0207 222 0868.

 

Health and Safety and Risk Assessment Documentation

 

The ACC has extensive documentation to assist a Club in creating a Health and Safety policy and conducting regular risk assessments. This documentation is available free of charge. Examples include template health and safety documentation, risk assessment forms and practical advice on completing a Club risk assessment and first aid information. The documentation can be sent electronically by emailing Charles@toryclubs.co.uk.

 

Employment Advice

 

The ACC can assist Clubs with employment problems and we have a wide range of pre-written Information Packs and Legal Documentation available from the ACC Free of Charge material which can be sent to Clubs which encounter problems in addition to the personalised advice and assistance offered to all ACC Clubs which have questions or problems with employees. Please contact Charles@toryclubs.co.uk or phone 0207 222 0843 if you have an employment problem or question.