Talks on RSA provisional membership

B. J. Clark.
B. J. Clark.
Significant changes have since been made to an RSA provisional  membership scheme, and more talks will be held to make sure the scheme in the future is fully legal.

The Alcohol and Regulatory Licensing Authority has just released a decision involving  the Mosgiel Memorial RSA.

At the  hearing late last month, Dunedin City Council licensing inspector Tony Mole said his enforcement application aimed to clarify the legal standing of parts of the provisional membership scheme.

He was  not seeking any penalty against the Mosgiel RSA.

The hearing was also attended by RSA national president Barry ("B.J.")  Clark, of Christchurch. 

He  said the Returned and Services Association was mindful of Mr Mole’s concerns, and a test case had been advanced collaboratively.

The case focused on the evening of March 29 last year, when a man had signed up for provisional, month-long membership of the Mosgiel RSA and members of his dining group drank alcohol.

Authority chairman district court Judge Kevin Kelly said the authority had found there had been a technical breach because, although the club had earlier adopted the provisional membership scheme rule changes, these had not yet been officially registered by the Registrar of Incorporated Societies by the date concerned.

For this "narrow reason", the authority found  the person concerned was "not a valid member on the night in question" and so "the sale of alcohol to him and his guests was not authorised".

Both parties had accepted  changes had since been made to the operation of the provisional membership scheme to ensure provisional members could not immediately buy alcohol from the bar.

The authority declined to comment on these changes made since the filing of the application, and agreed  an enforcement order "would not be desirable", the judge said.

Mr Clark said the "whole process was positive", including the "wise" authority decision.

The authority had not punished any RSA staff and had not made any adverse comments about the provisional membership scheme.

As a national organisation, the RSA sought to operate in a way that was beyond reproach.

As the authority had earlier explained, the authority decision had not clarified every matter relating to the scheme, but it had pointed the way forward to further constructive dialogue. He and national RSA chief executive Jack Steer would be seeking to discuss matters more fully with Mr Mole in Dunedin early next month to ensure  the membership scheme was operated in the most appropriate way.

Mr Clark was optimistic that further dialogue would help provide more clarity about how the scheme could best be operated throughout the country. The Mosgiel RSA had earlier relied on legal advice obtained by the RSA nationally, but Mr Clark fully accepted that the RSA’s earlier communication with Mr Mole could have been better. Under the provisional scheme, adults interested in becoming members of the RSA can become provisional members for a month, during which they enjoy most of the benefits of membership, including drinking at the respective club.

A month later, they either seek full membership or their provisional status lapses.

For the RSA, it was earlier submitted the national RSA provisional membership scheme was a legitimate marketing move and a "genuine attempt to get more people in", by encouraging them to consider joining the RSA in the long term.

But the judge said in his summary that the applicant, Mr Mole, contended that "admitting members of the public in this way is contrary to the spirit and scheme" of the legislation.

john.gibb@odt.co.nz

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