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Licensing Act 2003 - Club Premises Certificates
To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate from the local authority where the premises is situated. 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.
A qualifying club has general conditions it must satisfy. 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 the 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.
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.
Copies of relevant legislation can be found on the legislation.gov.uk website
Applications must be sent to the licensing authority for the area where the premises are located.
Applications must be in a specific format and be accompanied by:
- any required fee
- a club operating schedule
- a plan of the premises
- a copy of the rules of the club
A Club Operating Schedule forms part of the completed application form and must include the information necessary to allow the responsible authorities to assess whether the steps taken to promote the licensing objectives are satisfactory. An operating schedule must set out:
- 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
The Licensing Authority and Responsible Authorities will expect applicants to properly address the steps that are necessary to promote the four licensing objectives in their operating schedule.
A Pool of Model Conditions have been produced to assist applicants and existing licence holders through the application process. This pool of conditions is not an exclusive or exhaustive list of conditions which may be included on a premise licence. It does not restrict any applicant, responsible authority, or other person from proposing any alternative conditions, nor would it restrict a licensing committee from imposing any reasonable condition on a licence it considers appropriate for the promotion of the licensing objectives. If uncertain, applicants should seek advice from the relevant authority before submitting their application.
Applicants are required to give notice of the application to the following Responsible Authorities on the same day as the day on which the application is given to the licensing authority:
- Cleveland Police
- Cleveland Fire Brigade
- Trading Standards
- Environmental Health
- First Contact
- Public Health
- Home Office Immigration Enforcement
Please note that you are not required to notify Responsible Authorities if you are applying using the online service.
An application for a club premises certificate must be accompanied by a scaled plan of the premises to which the application relates. A premises plan must be of the standard scale 1:100 (unless previously agreed by the Licensing Authority in another format).
Advertising and Consultation
To advertise the application, the applicant must clearly display a Notice immediately on or outside the premises for a period of no less than twenty eight consecutive days starting on the day following the day on which the application was given to the Local Authority.
The Notice must be:
- of a size equal or larger than A4
- of a pale blue colour
- printed legibly in black ink or typed in black in a font of a size equal to or larger than 16
- For properties with a frontage onto a highway more than 50 metres long, the Notice should be displayed at 50 metre intervals.
- Additionally, the applicant must publish a notice in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises. This must be advertised on at least one occasion during the period of ten working days starting on the day after the day on which the application was given to the Local Authority.
Responsible Authorities, members of the public and other interested parties have a period of 28 consecutive days, starting the day the application is made to the local authority, to consider the application and make relevant representation.
How To Apply
To apply for a Club Premises Certificate please complete the appropriate form below.
|Application Form||Apply online|
|Application For A New Club Premises Certificate||View||View|
|Apply For A Variation Of Your Club Premises Certificate||View||View|
|Apply For A Minor Variation Of Your Club Premises Certificate||View||View|
|Tell Us About A Change To Your Existing Details Or Club Rules||View||View|
|Nominated Person Notice||View|
|Pay Your Annual Charge For Your Club Premises Certificate||
|Surrender Of Club Premise Certificate||View|
|Application For A Review Of A Club Premises Certificate||View|
|To Make Representation On A Current Application||View|
To view guidance documents please select the appropriate link below: