Licensing Act 2003 - Club Premises Certificate

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Overview

Application for a new Club Premises Licence

Application to Vary a Club Premises Licence

Notes

General Conditions

Determining whether a club is established and conducted in good faith

The additional conditions for the supply of alcohol

Industrial and provident societies, friendly societies etc.

Miners' welfare institutes

Overview

If you wish to apply for a club premises certificate you must apply to the licensing authority in the area in which the club premise is situated.

 

When completing the application form please read the notes at the beginning and end of the form carefully.  Complete all sections of the form.  If any of the form is incomplete it will be returned to you.

 

The Licensing Act 2003 transfers responsibility for licensing alcohol from the Magistrates Courts to the Local Authorities.  In addition it brings six existing licensing regimes under one new licensing system - alcohol, public entertainment, cinemas, theatres, late night refreshment house and night cafes.

The licensable activities that will come under the new Act are:

• The sale by retail of alcohol
• The supply of alcohol by or on behalf of a club
• The provision of regulated entertainment
• The provision of late night refreshment (hot food and hot drink between 11pm and 5am)

Regulated Entertainment includes:

• The performance of a play;
• An exhibition of a film;
• An indoor sporting event;
• A boxing or wrestling entertainment;
• A performance of live music;
• Any playing of recorded music;
• A performance of dance;
• Or entertainment of a similar description to live music, recorded music or dance.

If you supply alcohol on behalf or a club or provide regulated entertainment at a club then you must apply for a club premises licence.

 

This guidance has been issued by North Shropshire District Council to assist you to complete your application form.  However, if there are any points about which you are uncertain, you are advised to seek independent advice.

 

You can view the Licensing Act 2003, the accompanying Guidance issued under section 182 of the Licensing Act 2003, and all regulations issued under the Licensing Act 2003 in full both here and on the DCMS website www.culture.gov.uk

Application for a new Club premises Licence

If you wish to apply for a new club premises licence you must first complete the form 'Declaration for a club premises certificate to be granted Part A' (see note 3).  You must then complete the application form entitled Application for a club premises certificate.

 

Part 2 of this form consists of your club operating schedule.  When completing this operating schedule you must complete each box in Part 2 (O) to show that you have taken account of the four licensing objectives:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm.

For further help on completing the operating schedule, please read our separate guidance notes Guidance for Applicants filling in applications for Premises Licences and Club Premises Certificates.

When you complete this form you need to provide:

• The fee
• A plan in the specified form (see note 1).
• A copy of the rules of the club
• You must send copies of your completed application form and all accompanying documents to all the Responsible Authorities under the Licensing Act 2003 on the same day that you send it to the licensing authority.

You must also advertise your application (see note 2).

Application to Vary a Club premises Licence

Once the club premises for which you are applying is granted a club premises certificate which allows you to provide any of the licensable activities, you are able to apply to vary those conditions at any time.

 

If you wish to do this, you must complete the application form entitled Application to vary a club premises certificate.

 

Part 4 of this form consists of your operating schedule.  When completing this operating schedule you must complete each box in Part 4 (P) to show that you have taken account of the four licensing objectives:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm.

For further help on completing the operating schedule, please read our separate guidance notes Guidance for Applicants filling in applications for Premises Licences and Club Premises Certificates.

 

When you complete both parts of this form you need to provide:

• The fee
• The club premises certificate including a copy of the plan of the club premises in the specified form (see note 1).
• You must send copies of your completed application form and all accompanying documents to all the Responsible Authorities under the Licensing Act 2003 on the same day that you send it to the licensing authority.

You must also advertise your application (see note 2).

Notes

Note 1

1. The plan of the club premises that must accompany the application shall comply with the paragraphs below.
2. Unless the relevant licensing authority has previously agreed in writing with the applicant that an alternative scale plan is acceptable to it, the plan shall be drawn in standard scale.  'Standard scale' means that 1 millimetre represents 100 millimetres.
3. The plan shall show-
   1. the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
   2. the location of points of access to and egress from the premises;
   3. if different from paragraph (3)(b), the location of escape routes from the premises;
   4. in a case where the premises is used for more than one existing qualifying club activity, the area within the premises used for each activity;
   5. in a case where the existing qualifying club activity relates to the supply of alcohol, the location or locations on the premises which is or are used for consumption of alcohol;
   6. fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;
   7. in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
   8. in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
   9. in a case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
   10. the location and type of any fire safety and any other safety equipment; and
   11. the location of a kitchen, if any, on the premises.

4. The plan may include a legend through which the matters mentioned or referred to in paragraph (3) are sufficiently illustrated by the use of symbols on the plan.

Note 2

1. Advertisements of an application must be made in the form of a notice that is displayed for 28 days from the day after you send your application to the Licensing Authority.  The advertisement must be;
   1. At least size A4,
   2. pale blue in colour,
   3. printed legibly in black ink or typed in black in a font at least size 16;
   4. displayed prominently at or on the outside of the premises to which the application relates where it can be conveniently read from the exterior of the premises, and in the case of a premises covering an area of more than fifty metres square, a further notice every fifty metres along the external perimeter of the premises abutting any highway; and

2. by publishing a notice on at least one occasion during the ten working days from the day after you send your application to the Licensing Authority -
   • in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises;

Your advertisement must include;

1. A statement of the relevant qualifying club activities or a brief description of the proposed variation;
2. The name of the applicant or club;
3. The postal address of the club premises,
4. The postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and where and when the record of the application may be inspected;
5. The date by which an interested party or responsible authority may make representations to the relevant licensing authority (28 days from date of application)
6. That representations shall be made in writing; and
7. That it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence.

You must declare on your application form that you have advertised your application in accordance with the regulations.  It is an offence to make a false statement when completing your application form.

Note 3

When completing the 'Declaration for a club premises certificate to be granted Part A' you will need to declare that you satisfy certain conditions under the Licensing Act 2003.  You must give the relevant club rule number to prove that you satisfy these conditions.

 

The conditions below are taken from the Licensing Act 2003.  You can view the Licensing Act 2003, the accompanying Guidance issued under section 182 of the Licensing Act 2003, and all regulations issued under the Licensing Act 2003 in full on the DCMS website www.culture.gov.uk or on the opening page of Licensing on this website.

62 The general conditions

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-
   • be admitted to membership, or
   • 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.

63 Determining whether a club is established and conducted in good faith

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-
   1. any arrangements restricting the club's freedom of purchase of alcohol;
   2. any provision in the rules, or arrangements, under which-
      1. money or property of the club, or
      2. 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;

   3. the arrangements for giving members information about the finances of the club;
   4. the books of account and other records kept to ensure the accuracy of that information;
   5. 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.

64 The additional conditions for the supply of alcohol

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-
   1. are members of the club;
   2. have attained the age of 18 years; and
   3. 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-
   1. any benefit accruing to the club as a whole, or
   2. 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.

65 Industrial and provident societies, friendly societies etc.

1. Subsection (2) applies in relation to any club which is-
   1. a registered society, within the meaning of the Industrial and Provident Societies Act 1965 (c.12)(see section 74(1) of that Act),
   2. a registered society, within the meaning of the Friendly Societies Act 1974 (c.46) (see section 111(1) of that Act), or
   3. 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-
   1. the purchase of alcohol for the club, and
   2. 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-
   1. subsection (2) of section 64, or
   2. 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-
   1. the premises of the society are to be treated as the premises of a club,
   2. the members of the society are to be treated as the members of the club, and
   3. 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-
   1. condition 3 in subsection (4) of section 62,
   2. condition 5 in subsection (6) of that section,
   3. 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).

66 Miners' welfare institutes

1. Subject to subsection (2), this Act applies to a relevant miners' welfare institute as it applies to a club, and accordingly-
   1. the premises of the institute are to be treated as the premises of a club,
   2. the persons enrolled as members of the institute are to be treated as the members of the club, and
   3. 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-
   1. condition 3 in subsection (4) of section 62,
   2. condition 4 in subsection (5) of that section,
   3. condition 5 in subsection (6) of that section,
   4. the additional conditions in section 64.

3. For the purposes of this section-
   1. '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
   2. a miners' welfare institute is 'relevant' if it satisfies one of the following conditions.

4. The first condition is that-
   1. the institute is managed by a committee or board, and
   2. at least two thirds of the committee or board consists-
      1. 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
      2. 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-
   1. the institute is managed by a committee or board, but
   2. the making of-
      1. an appointment or nomination falling within subsection (4)(b)(i), or
      2. an appointment or nomination falling within subsection (4)(b)(ii),

      is not practicable or would not be appropriate, and

   3. at least two thirds of the committee or board consists-
      1. partly of persons employed, or formerly employed, in or about coal mines, and
      2. 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.

On-line Applications and Public Information Register

NSDC On-line Application Forms and Public Information Register

Related Documents

Licensing Act 2003

Guidance issued under Section 182 of the Licensing Act 2003

Guidance for Applicants filling in applications for Premises Licences and Club Premises Certificates

Responsible Authorities

Related Website

Department for Culture, Media and Sport

 

email:	licensing@northshropshiredc.gov.uk
telephone:	01939 232771
fax:	01939 238468