There is considerable variation on the size and range of
activities undertaken by rugby clubs. At the one end there is the
small amateur team and at the other the premier division
professional side. As explained in
BIM24200 onwards, a club that exists to
provide social or recreational facilities for its members is
unlikely to be trading.
What may be termed the ‘professional’ game has
seen increasing commercialisation over the years; the arrival of
sponsorship money and the sale of television rights. The full-blown
professional clubs are trading and it may be that they organise
their affairs in such a manner that the trade is not a mutual
trade.
As an initial step you need to consider two interrelated
questions:
The club may say that it is organised on a ‘not for profit’ basis. The absence of a profit- seeking motive does not preclude a finding of trading - see BIM24045.