Club premises certificates
To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate from your local 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.
Clubs must be qualifying clubs. A qualifying club must meet certain general conditions. These are:
- a person may not be given memberships 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 member 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 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 is purchased for and supplied by the club is done under the control of the members or a committee of members.
A fee, based on the rateable value of the premises, is payable for an application for a club premises certificate (see Information for Applicants, Appendix 4).
Target completion period: we will aim to issue your licence within 6 working days from determination of your application.(Where relevant representations are received, this will be within 6 working days of a decision by a Licensing sub-Committee at a hearing).
Application evaluation process
A club can apply for a club premises certificate for any premises which are occupied and used regularly for club purposes.
Applications should be made to the licensing authority for the area in which the premises are situated. An application form can be download on the right or click on the link to apply online.
Applications should be submitted with a plan of the premises which must be in a specific format, a copy of the rules of the club 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
Responsible Authorities and other persons may make representations about an application. Representations must be made in writing and must relate to one or more of the licensing objectives to be 'relevant'. If relevant representations are received, the licensing authority must hold a hearing to determine the application. In determining the application, the licensing authority may grant the application as submitted, grant the application with conditions, exclude a licensable activity from the licence or reject the application. If no representations are received, the authority must grant the certificate as submitted.
If there 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.
Will tacit consent apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from us by the end of the target completion period.
We will notify a failed applicant in writing of the refusal of an application for a certificate or variation of a certificate.
If an application is rejected, the applicant may appeal the decision. Appeals must be made to the local Magistrates' court within 21 days of the licensing authority's decision.
Licence holder appeal
If the licensing authority refuses an application for a variation the licence holder may appeal the decision. A licence holder can appeal against a decision to put conditions on a certificate or to exclude any club activity. Appeals may also be made against the variation of any condition.
Appeals may also be made against the decision of the licensing authority following a review of a club premises certificate.
A club may appeal against the withdrawing of a certificate.
Appeals must be made to the local Magistrates' court within 21 days of the licensing authority's decision.
Customer complaint and other redress
If you have a complaint about a licensed club, please try to resolve this direct with the club management in the first instance. If you are unable to resolve the situation, please put your complaint in writing to the Licensing Team.
For clubs which cause persistent problems, a Responsible Authority or any other person may apply to the licensing authority to carry out a review of the club. The review will be considered by the licensing authority at a hearing within a prescribed timescale.
Appeals against the decision of a review can be made.
Appeals must be made to the local Magistrates' court within 21 days of the decision.
To apply for a club premises certificate you will need to:
- complete the declaration form
- complete the application form
- provide supporting documents
- pay the appropriate application fee
- A plan of the premises (details of requirements can be found in the information for applicants)
- A copy of the club declaration
- A copy of the club rules
If you have any queries, or require help with your application, please contact the Licensing Team.
- email: email@example.com
- phone: 01237 428700
- post: Licensing Team, Torridge District Council, Riverbank House, Bideford EX39 2QG