Office of Public Sector Information
(1) In this Act “club premises certificate” means a certificate granted under this Part—
(a) in respect of premises occupied by, and habitually used for the purposes of, a club,
(b) by the relevant licensing authority, and
(c) certifying the matters specified in subsection (2).
(2) Those matters are—
(a) that the premises may be used by the club for one or more qualifying club activities specified in the certificate, and
(b) that the club is a qualifying club in relation to each of those activities (see section 61).
(1) This section applies for determining for the purposes of this Part whether a club is a qualifying club in relation to a qualifying club activity.
(2) A club is a qualifying club in relation to the supply of alcohol to members or guests if it satisfies both—
(a) the general conditions in section 62, and
(b) the additional conditions in section 64.
(3) A club is a qualifying club in relation to the provision of regulated entertainment if it satisfies the general conditions in section 62.
(1) The general conditions which a club must satisfy if it is to be a qualifying club in relation to a qualifying club activity are the following.
(2) Condition 1 is that under the rules of the club persons may not—
(a) be admitted to membership, or
(b) be admitted, as candidates for membership, to any of the privileges of membership,
without an interval of at least two days between their nomination or application for membership and their admission.
(3) Condition 2 is that under the rules of the club persons becoming members without prior nomination or application may not be admitted to the privileges of membership without an interval of at least two days between their becoming members and their admission.
(4) Condition 3 is that the club is established and conducted in good faith as a club (see section 63).
(5) Condition 4 is that the club has at least 25 members.
(6) Condition 5 is that alcohol is not supplied, or intended to be supplied, to members on the premises otherwise than by or on behalf of the club.
(1) In determining for the purposes of condition 3 in subsection (4) of section 62 whether a club is established and conducted in good faith as a club, the matters to be taken into account are those specified in subsection (2).
(2) Those matters are—
(a) any arrangements restricting the club’s freedom of purchase of alcohol;
(b) any provision in the rules, or arrangements, under which—
(i) money or property of the club, or
(ii) any gain arising from the carrying on of the club,
is or may be applied otherwise than for the benefit of the club as a whole or for charitable, benevolent or political purposes;
(c) the arrangements for giving members information about the finances of the club;
(d) the books of account and other records kept to ensure the accuracy of that information;
(e) the nature of the premises occupied by the club.
(3) If a licensing authority decides for any purpose of this Act that a club does not satisfy condition 3 in subsection (4) of section 62, the authority must give the club notice of the decision and of the reasons for it.
(1) The additional conditions which a club must satisfy if it is to be a qualifying club in relation to the supply of alcohol to members or guests are the following.
(2) Additional condition 1 is that (so far as not managed by the club in general meeting or otherwise by the general body of members) the purchase of alcohol for the club, and the supply of alcohol by the club, are managed by a committee whose members—
(a) are members of the club;
(b) have attained the age of 18 years; and
(c) are elected by the members of the club.
This subsection is subject to section 65 (which makes special provision for industrial and provident societies, friendly societies etc.).
(3) Additional condition 2 is that no arrangements are, or are intended to be, made for any person to receive at the expense of the club any commission, percentage or similar payment on, or with reference to, purchases of alcohol by the club.
(4) Additional condition 3 is that no arrangements are, or are intended to be, made for any person directly or indirectly to derive any pecuniary benefit from the supply of alcohol by or on behalf of the club to members or guests, apart from—
(a) any benefit accruing to the club as a whole, or
(b) any benefit which a person derives indirectly by reason of the supply giving rise or contributing to a general gain from the carrying on of the club.
(1) Subsection (2) applies in relation to any club which is—
(a) a registered society, within the meaning of the Industrial and Provident Societies Act 1965 (c. 12)(see section 74(1) of that Act),
(b) a registered society, within the meaning of the Friendly Societies Act 1974 (c. 46) (see section 111(1) of that Act), or
(c) a registered friendly society, within the meaning of the Friendly Societies Act 1992 (c. 40) (see section 116 of that Act).
(2) Any such club is to be taken for the purposes of this Act to satisfy additional condition 1 in subsection (2) of section 64 if and to the extent that—
(a) the purchase of alcohol for the club, and
(b) the supply of alcohol by the club,
are under the control of the members or of a committee appointed by the members.
(3) References in this Act, other than this section, to—
(a) subsection (2) of section 64, or
(b) additional condition 1 in that subsection,
are references to it as read with subsection (1) of this section.
(4) Subject to subsection (5), this Act applies in relation to an incorporated friendly society as it applies in relation to a club, and accordingly—
(a) the premises of the society are to be treated as the premises of a club,
(b) the members of the society are to be treated as the members of the club, and
(c) anything done by or on behalf of the society is to be treated as done by or on behalf of the club.
(5) In determining for the purposes of section 61 whether an incorporated friendly society is a qualifying club in relation to a qualifying club activity, the society is to be taken to satisfy the following conditions—
(a) condition 3 in subsection (4) of section 62,
(b) condition 5 in subsection (6) of that section,
(c) the additional conditions in section 64.
(6) In this section “incorporated friendly society” has the same meaning as in the Friendly Societies Act 1992 (see section 116 of that Act).
(1) Subject to subsection (2), this Act applies to a relevant miners' welfare institute as it applies to a club, and accordingly—
(a) the premises of the institute are to be treated as the premises of a club,
(b) the persons enrolled as members of the institute are to be treated as the members of the club, and
(c) anything done by or on behalf of the trustees or managers in carrying on the institute is to be treated as done by or on behalf of the club.
(2) In determining for the purposes of section 61 whether a relevant miners' welfare institute is a qualifying club in relation to a qualifying club activity, the institute is to be taken to satisfy the following conditions—
(a) condition 3 in subsection (4) of section 62,
(b) condition 4 in subsection (5) of that section,
(c) condition 5 in subsection (6) of that section,
(d) the additional conditions in section 64.
(3) For the purposes of this section—
(a) “miners' welfare institute” means an association organised for the social well-being and recreation of persons employed in or about coal mines (or of such persons in particular), and
(b) a miners' welfare institute is “relevant” if it satisfies one of the following conditions.
(4) The first condition is that—
(a) the institute is managed by a committee or board, and
(b) at least two thirds of the committee or board consists—
(i) partly of persons appointed or nominated, or appointed or elected from among persons nominated, by one or more licensed operators within the meaning of the Coal Industry Act 1994 (c. 21), and
(ii) partly of persons appointed or nominated, or appointed or elected from among persons nominated, by one or more organisations representing persons employed in or about coal mines.
(5) The second condition is that—
(a) the institute is managed by a committee or board, but
(b) the making of—
(i) an appointment or nomination falling within subsection (4)(b)(i), or
(ii) an appointment or nomination falling within subsection (4)(b)(ii),
is not practicable or would not be appropriate, and
(c) at least two thirds of the committee or board consists—
(i) partly of persons employed, or formerly employed, in or about coal mines, and
(ii) partly of persons appointed by the Coal Industry Social Welfare Organisation or a body or person to which the functions of that Organisation have been transferred under section 12(3) of the Miners' Welfare Act 1952 (c. 23).
(6) The third condition is that the premises of the institute are held on trusts to which section 2 of the Recreational Charities Act 1958 (c. 17) applies.
(1) Any reference in this Act (other than this section) to a guest of a member of a club includes a reference to—
(a) an associate member of the club, and
(b) a guest of an associate member of the club.
(2) For the purposes of this Act a person is an “associate member” of a club if—
(a) in accordance with the rules of the club, he is admitted to its premises as being a member of another club, and
(b) that other club is a recognised club (see section 193).
(1) For the purposes of this Part the “relevant licensing authority” in relation to any premises is determined in accordance with this section.
(2) Subject to subsection (3), the relevant licensing authority is the authority in whose area the premises are situated.
(3) Where the premises are situated in the areas of two or more licensing authorities, the relevant licensing authority is—
(a) the licensing authority in whose area the greater or greatest part of the premises is situated, or
(b) if there is no authority to which paragraph (a) applies, such one of those authorities as is nominated in accordance with subsection (4).
(4) In a case within subsection (3)(b), an applicant for a club premises certificate must nominate one of the licensing authorities as the relevant licensing authority in relation to the application and any certificate granted as a result of it.
(1) In this Part in relation to any premises each of the following expressions has the meaning given to it by this section—
“authorised person”,
“interested party”,
“responsible authority”.
(2) “Authorised person” means any of the following—
(a) an officer of a licensing authority in whose area the premises are situated who is authorised by that authority for the purposes of this Act,
(b) an inspector appointed under section 18 of the Fire Precautions Act 1971 (c. 40),
(c) an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37),
(d) an officer of a local authority, in whose area the premises are situated, who is authorised by that authority for the purposes of exercising one or more of its statutory functions in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,
(e) in relation to a vessel, an inspector, or a surveyor of ships, appointed under section 256 of the Merchant Shipping Act 1995 (c. 21),
(f) a person prescribed for the purposes of this subsection.
(3) “Interested party” means any of the following—
(a) a person living in the vicinity of the premises,
(b) a body representing persons who live in that vicinity,
(c) a person involved in a business in that vicinity,
(d) a body representing persons involved in such businesses.
(4) “Responsible authority” means any of the following—
(a) the chief officer of police for any police area in which the premises are situated,
(b) the fire authority for any area in which the premises are situated,
(c) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 (c. 37) for any area in which the premises are situated,
(d) the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the premises are situated,
(e) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,
(f) a body which—
(i) represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and
(ii) is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters,
(g) any licensing authority (other than the relevant licensing authority) in whose area part of the premises is situated,
(h) in relation to a vessel—
(i) a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57)) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is, or is proposed to be, navigated at a time when it is used for qualifying club activities,
(ii) the Environment Agency,
(iii) the British Waterways Board, or
(iv) the Secretary of State,
(i) a person prescribed for the purposes of this subsection.
(5) For the purposes of this section, “statutory function” means a function conferred by or under any enactment.
In this Part—
“secretary”, in relation to a club, includes any person (whether or not an officer of the club) performing the duties of a secretary;
“supply of alcohol to members or guests” means, in the case of any club,—
the supply of alcohol by or on behalf of the club to, or to the order of, a member of the club, or
the sale by retail of alcohol by or on behalf of the club to a guest of a member of the club for consumption on the premises where the sale takes place,
and related expressions are to be construed accordingly.
(1) A club may apply for a club premises certificate in respect of any premises which are occupied by, and habitually used for the purposes of, the club.
(2) Any application for a club premises certificate must be made to the relevant licensing authority.
(3) Subsection (2) is subject to regulations under—
(a) section 91 (form etc. of applications and notices under this Part);
(b) section 92 (fees to accompany applications and notices).
(4) An application under this section must also be accompanied by—
(a) a club operating schedule,
(b) a plan of the premises to which the application relates, in the prescribed form, and
(c) a copy of the rules of the club.
(5) A “club operating schedule” is a document which is in the prescribed form, and includes a statement of the following matters—
(a) the qualifying club activities to which the application relates (“the relevant qualifying club activities”),
(b) the times during which it is proposed that the relevant qualifying club activities are to take place,
(c) any other times during which it is proposed that the premises are to be open to members and their guests,
(d) where the relevant qualifying club activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or both on and off the premises,
(e) the steps which it is proposed to take to promote the licensing objectives, and
(f) such other matters as may be prescribed.
(6) The Secretary of State must by regulations—
(a) require an applicant to advertise the application within the prescribed period—
(i) in the prescribed form, and
(ii) in a manner which is prescribed and is likely to bring the application to the attention of the interested parties likely to be affected by it;
(b) require an applicant to give notice of the application to each responsible authority, and such other persons as may be prescribed within the prescribed period;
(c) prescribe the period during which interested parties and responsible authorities may make representations to the relevant licensing authority about the application.
(1) This section applies where the relevant licensing authority—
(a) receives an application for a club premises certificate made in accordance with section 71, and
(b) is satisfied that the applicant has complied with any requirement imposed on the applicant under subsection (6) of that section.
(2) Subject to subsection (3), the authority must grant the certificate in accordance with the application subject only to—
(a) such conditions as are consistent with the club operating schedule accompanying the application, and
(b) any conditions which must under section 73(2) to (5) or 74 be included in the certificate.
(3) Where relevant representations are made, the authority must—
(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and
(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.
(4) The steps are—
(a) to grant the certificate subject to—
(i) the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers necessary for the promotion of the licensing objectives, and
(ii) any conditions which must under section 73(2) to (5) or 74 be included in the certificate;
(b) to exclude from the scope of the certificate any of the qualifying club activities to which the application relates;
(c) to reject the application.
(5) Subsections (2) and (3)(b) are subject to section 73(1) (certificate may authorise off-supplies only if it authorises on-supplies).
(6) For the purposes of subsection (4)(a)(4)(a) the conditions mentioned in subsection (2)(a) are modified if any of them is altered or omitted or any new condition is added.
(7) For the purposes of this section, “relevant representations” means representations which—
(a) are about the likely effect of the grant of the certificate on the promotion of the licensing objectives, and
(b) meet the requirements of subsection (8).
(8) The requirements are—
(a) that the representations were made by an interested party or responsible authority within the period prescribed under section 71(6)(c),
(b) that they have not been withdrawn, and
(c) in the case of representations made by an interested party (who is not also a responsible authority), that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(9) Where the authority determines for the purposes of subsection (8)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.
(10) In discharging its duty under subsection (2) or (3)(b) a licensing authority may grant a club premises certificate subject to different conditions in respect of—
(a) different parts of the premises concerned;
(b) different qualifying club activities.
(1) A club premises certificate may not authorise the supply of alcohol for consumption off the premises unless it also authorises the supply of alcohol to a member of the club for consumption on those premises.
(2) A club premises certificate which authorises the supply of alcohol for consumption off the premises must include the following conditions.
(3) The first condition is that the supply must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.
(4) The second condition is that any alcohol supplied for consumption off the premises must be in a sealed container.
(5) The third condition is that any supply of alcohol for consumption off the premises must be made to a member of the club in person.
(1) Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where—
(a) the film classification body is not specified in the certificate, or
(b) the relevant licensing authority has notified the club which holds the certificate that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
(4) In this section—
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
(1) Where the rules of a club provide for the sale by retail of alcohol on any premises by or on behalf of the club to, or to a guest of, an associate member of the club, no condition may be attached to a club premises certificate in respect of the sale by retail of alcohol on those premises by or on behalf of the club so as to prevent the sale by retail of alcohol to any such associate member or guest.
(2) Where the rules of a club provide for the provision of any regulated entertainment on any premises by or on behalf of the club to, or to a guest of, an associate member of the club, no condition may be attached to a club premises certificate in respect of the provision of any such regulated entertainment on those premises by or on behalf of the club so as to prevent its provision to any such associate member or guest.
(1) In relation to a club premises certificate which authorises the performance of plays, no condition may be attached to the certificate as to the nature of the plays which may be performed, or the manner of performing plays, under the certificate.
(2) But subsection (1) does not prevent a licensing authority imposing, in accordance with section 72(2) or (3)(b), 85(3)(b) or 88(3), any condition which it considers necessary on the grounds of public safety.
(1) Where an application is granted under section 72, the relevant licensing authority must forthwith—
(a) give a notice to that effect to—
(i) the applicant,
(ii) any person who made relevant representations in respect of the application, and
(iii) the chief officer of police for the police area (or each police area) in which the premises are situated, and
(b) issue the club with the club premises certificate and a summary of it.
(2) Where relevant representations were made in respect of the application, the notice under subsection (1)(a) must specify the authority’s reasons for its decision as to the steps (if any) to take under section 72(3)(b).
(3) Where an application is rejected under section 72, the relevant licensing authority must forthwith give a notice to that effect, stating its reasons for that decision, to—
(a) the applicant,
(b) any person who made relevant representations in respect of the application, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(4) In this section “relevant representations” has the meaning given in section 72(6).
(1) A club premises certificate and the summary of such a certificate must be in the prescribed form.
(2) Regulations under subsection (1) must, in particular, provide for the certificate to—
(a) specify the name of the club and the address which is to be its relevant registered address, as defined in section 184(7);
(b) specify the address of the premises to which the certificate relates;
(c) include a plan of those premises;
(d) specify the qualifying club activities for which the premises may be used;
(e) specify the conditions subject to which the certificate has effect.
Licensing Act 2003