The Licensing Act 2003 recognises that volunteer and social clubs give rise to different issues for licensing law than commercially run premises selling direct to the public. These clubs (such as the Royal British Legion, working men's or cricket or rugby clubs) are generally organisations where members join together for a particular social, sporting or political purpose and then combine to purchase alcohol in bulk for its members. The clubs carry on activities from premises to which public access is restricted and alcohol is supplied other than for profit. For these reasons the 2003 Act preserves aspects of earlier alcohol licensing law which applied to 'registered members clubs' and affords clubs special treatment outside the normal premises licence arrangements.
Clubs which meet specified criteria set out in the 2003 Act are known as 'qualifying clubs' and the authority under which they may supply alcohol and conduct other 'qualifying club activities' from their premises is a club premises certificate issued by the licensing authority. The grant of a club premises certificate means that a club is entitled to certain benefits, which include the authority to supply alcohol to its members and sell it to guests without the need for any member or employee to hold a personal licence, and the absence of a requirement to specify a designated premises supervisor. There are also more limited rights of entry for the police and other authorised persons, as the premises are considered private and not generally open to the public.
The arrangements for applying for club premises certificates are extremely similar to those in respect of premises licences. For example, similar provisions apply regarding the requirement for advertisement of applications and the making of representations to the licensing authority as apply in the case of applications for premises licences.
To be classified as a qualifying club in relation to a qualifying club activity, a number of general conditions must be met. These are:
To qualify as a club authorised to supply alcohol to its members and guests, additional conditions must be met. These are:
In determining whether a club is established and conducted in good faith, the licensing authority will have to look at a number of matters and take those into account. These matters are:
A club premises certificate may authorise the conduct of any of the qualifying club activities, namely:
However, you will have to specify in the club operating schedule the qualifying club activities to which the application relates.
An application for a club premises certificate must be made to the relevant licensing authority, that is, the authority within whose area the premises is situated. To make an application you must submit:
Regulations made by the Secretary of State set out how applications must be advertised and the periods in which interested parties (local residents and businesses) and responsible authorities (the police, fire authority, health and safety agency etc) can make representations to the licensing authority about the application.
Where all the requirements relating to the application have been met and no relevant representations are made by responsible authorities or interested parties in relation to it, the licensing authority must grant the certificate in accordance with the application, subject only to any conditions which are consistent with the club operating schedule and any mandatory conditions.
If relevant representations are received, the licensing authority must convene a hearing (unless parties agree that this is unnecessary), consider the representations and, having regard to them, take one of a number of possible steps according to what it considers necessary for the promotion of the licensing objectives. This may result in:
For example, if the qualifying club activity included the provision of regulated entertainment and if it was considered necessary for the promotion of the prevention of public nuisance, a licensing authority could attach a condition preventing the playing of amplified music after 11pm for a qualifying club in a quiet residential area.
The club operating schedule is a document in which the applicant sets out various details in relation to the application. It must include the following information:
The proposed one-off fee for applying for a club premises certificate is between £80 and £500 with an annual charge of between £40 and £225. The proposed fee levels for the new licensing regime were published for public consultation on 4th November 2004. The consultation closed on 23rd December 2004. Fee levels will be finalised before the first appointed day on 7th February 2005.
A club premises certificate has no time limit and will continue to have effect unless it is withdrawn by the licensing authority following an application for the review of the certificate, if the club ceases to be a qualifying club or it lapses on surrender by the club.
Yes. If a club prefers they could apply for a premises licence instead of a club premises certificate. It is for the club to determine whether the activities it wishes to undertake would be better served by a premises licence. In some circumstances a qualifying club may decide that it wishes to have both types of authorisation.
No. Under the Licensing Act 2003 a club will commit an offence if alcohol is supplied by it, or on its behalf, to a member of the club who is under 18, or to the order of a member of a club, to a person who is under 18. Also, a person (e.g. a member of or employee at the club) will commit an offence if he supplies alcohol to a member of a club who is under 18, or to the order of a member of a club, to a person who is under 18. For further information see the page on children.
No. There is no requirement to have a designated premises supervisor or for a member of the club to be a personal licence holder, or for the club to employ an individual who holds a personal licence, in order for the club to be able to obtain a club premises certificate to authorise it to sell or supply alcohol. If a qualifying club decides to apply for a premises licence, then it will need to specify an individual to be the designated premises supervisor for its premises and it may only supply alcohol if the supply is made or authorised by a personal licence holder.
No. If a qualifying club under the authorisation of a club premises certificate decides to have door supervisors for a particular event there is no mandatory condition in the Licensing Act 2003 that states they will have to be licensed by the Security Industry Authority.
