Club Premises Certificates (Licensing Act 2003)
Permission summary
To authorise the supply of alcohol and regulated entertainment
in a qualifying club you need a club premises certificate from the
Licensing Authority. In a qualifying club there is technically no
sale by retail of alcohol (except to guests) as the member owns
part of the alcohol stock and the money passing across the bar is
merely a mechanism to preserve equity between members where one may
consume more than another. In order to constitute a qualifying club
you must also satisfy the various requirements set out in the
Licensing
Act 2003.
Eligibility Criteria
Clubs must be qualifying clubs. A qualifying club has general
conditions it must satisfy. These are:
- a person may not be given membership, or as a candidate for
membership to any membership privileges, without an interval of at
least two days from their membership application or nomination and
their membership being granted;
- that club rules state that those becoming members without
nomination or application cannot have membership privileges for at
least two days between them becoming members and being admitted to
the club;
- that the club is established and conducted in good faith;
- that the club has at least 25 members;
- that alcohol is only supplied to members on the premises on
behalf of or by the club.
Additional conditions in relation to the supply of alcohol must
be complied with. These conditions are:
- that alcohol purchased for and supplied by the club is done by
members of club who are over 18 years of age and are elected to do
so by the members;
- that no person at the expense of the club receives any
commission, percentage or other similar payment in regard to the
purchase of alcohol by the club;
- that there are no arrangements for anyone to receive a
financial benefit from supplying alcohol, apart from any benefit to
the club or to any person indirectly from the supply giving a gain
from running the club.
Registered industrial and provident societies and friendly
societies will qualify if the alcohol purchased for and supplied by
the club is done under the control of the members or a committee of
members.
Relevant miners' welfare institutes can also be considered. A
relevant institute is one that is managed by a committee or board
that consists of at least two thirds of people appointed or
elevated by one or more licensed operators under the Coal Industry
Act 1994 and by one or more organisations who represent coal mine
employees. The institute can be managed by the committee or board
where the board cannot be made up as detailed above but is made up
of at least two thirds of members who were employed or are employed
in or around coal mines and also by people who were appointed by
the Coal Industry Welfare Organisation or by a body who had similar
functions under the Miners' Welfare Act 1952. In any case the
premises of the institute must be held on a trust as required under
the Recreational Charities Act 1958.
Please refer to the relevant guidance note for the procedure to be
followed when submitting an application, and to the plans guidance
at the bottom of the page. If you require any assistance in
completing the forms please contact the Licensing Team on 020 7341
5152.
Regulation Summary
A club can apply for a club premises certificate for any
premises which are occupied and used regularly for club purposes.
See the
regulations for club premises certificates for
further information
Application evaluation process
Applications must be in a specific format and be accompanied by
the required fee, plans (if applicable) a copy of the club rules,
and a club operating schedule.
A club operating schedule is a document which must be in a
specific format and which includes information on:
- the activities of the club
- the times the activities are to take place
- other opening times
- if alcohol supplies are for consumption on or off the premises
or both
- the steps that the club propose to take to promote the
licensing objectives
- any other information that is required
If there are any alterations to the rules or name of the club
before an application is determined or after a certificate is
issued, the club secretary must give details to the local licensing
authority. If a certificate is in place this must be sent to the
licensing authority when they are notified.
If a certificate is in place and the registered address of the
club changes the club must give notice to the local licensing
authority of the change and provide the certificate with the
notice.
A club may apply to a local licensing authority to vary a
certificate. The certificate should accompany the application.
The local licensing authority may inspect the premises before an
application is considered.
Fees may be payable for any type of application relating to a
club premises certificate. Please see the schedule
of fees for further details.
Applicants may be required to advertise their application and to
give notice of the application to any other person or responsible
body, for example the local authority, chief police officer or fire
and rescue authority. Please see the guidance notes below for further
details of the advertising and notification requirements for
particular applications and templates for the public notices.
If no representations are received the licensing authority must
grant the application, which can be subject to conditions. A
hearing must be held if any representations are made in respect of
the application. If a hearing is held the certificate can be
granted or granted subject to additional conditions, licensable
activities listed in the application can be excluded, or the
application can be rejected.
The licensing authority will serve a notice of its decision on
the applicant, any person who has made relevant representations
(i.e. representations that were not deemed frivolous or vexatious)
and the chief of police.
If you require any assistance in completing the forms please
contact the Licensing Team on 020 7341 5152
Apply online
You are strongly advised to save a copy of your original
application in case there are any amendments that need to be made
on the form and it needs to be resubmitted. The online forms should
only be used for applications which will be submitted via the
online facility. In all other cases see Apply
via Post for the relevant form.
Will Tacit Consent Apply?
Yes – for applications made online and are unopposed at
the end of the consultation period. This means that
you will be able to act as though your application is granted if
you have not heard from the local authority by the end of the
target completion period. The Council's target completion
period for Licensing Act 2003 Club Premises Certificate
applications are listed below:
- New and full variation applications* - 40
days
*Minor variation applications cannot be given tacit
authorisation as by law they are automatically refused if the
authority has not determined the application after 15 days from
receipt
Apply via Post
Applications for club premises certificates must be submitted on
the prescribed forms, which are available in PDF format. If
you require Word versions please contact the Licensing Team.
Please note that unlike online applications the applicant
is required to send copies of their applications to the relevant
responsible authorities. Please see the relevant guidance
notes for details of which responsible authorities need to be
sent a copy of your application.
Failed Application Redress
If an application for a club premises certificate is refused
the club can appeal.
Appeals are made to Hammersmith Magistrates Court, 181
Talgarth Road, London, W6 8DN within 21 days of notice of the
decision.
Permission Holder Redress
The club may also appeal against any conditions attached to a
club premises certificate, a decision to reject a variation
application, a decision to exclude an activity, or a decision to
withdraw the certificate
Appeals are made to Hammersmith Magistrates Court, 181 Talgarth
Road, London, W6 8DN within 21 days of notice of the decision..
Consumer Complaint
A responsible authority, club member or any other
person who is affected by the club may apply to the Licensing
Authority to review a club premises certificate. Following receipt
of a review application a hearing will be held by the Licensing
Authority. See reviewing a premises
licence/club premises certificate for further
details.
The council operates a complaints procedure. To view the
complaints procedure or to make a complaint relating to the service
you have received please go to comments,
complaints and feedback.
Other Redress
A responsible authority or any other person who
is affected by the club may make representations in relation
to an application for a club premises certificate, or for the
variation or review of a club premises certificate.
A responsible authority or other person who has made relevant
representations may appeal against the granting of a club premises
certificate, or against any condition, variation or licensable
activity decisions.
Appeals must be made to the Hammersmith Magistrates Court,
181 Talgarth Road, London, W6 8DN within 21 days of notice of the
decision.
The chief police officer for the police area where the premises
are located may make representations against any application for a
club premises certificate, or for the variation or review of a club
premises certificate.
Trade Associations