Club premises certificates

Guidance on club premises certificates, how to apply and make variations

Clubs

Clubs are organisations where members have joined together for particular social, sporting or political purposes and then combined to buy alcohol in bulk as members of the organisation to supply in the club. They commonly include political clubs, social and sports clubs etc.

Technically a club only sells alcohol by retail to guests. Where members purchase alcohol, there is no sale (as the member owns part of the alcohol stock) and the money passing across the bar is merely a mechanism to preserve equity to members.

Qualifying clubs

Only qualifying clubs may hold club premises certificates. To qualifying as a club, a club must meet five general conditions:

  • 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
  • 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
  • the club is established and conducted in good faith as a club
  • the club has at least 25 members
  • that alcohol is not supplied, or intended to be supplied, to members on the premises otherwise than by or on behalf of the club

Benefits of being a club

The grant of a club premises certificate means that a qualifying club is entitled to certain benefits:

  • the authority to supply alcohol to members and sell it to guests on the premises to which the certificate relates without the need for any member or employee to hold a personal licence
  • the absence of a requirement to specify a designated premises supervisor
  • more limited rights of entry for the Police and authorised persons because the premises are considered private and not generally open to the public
  • exemption from police powers of instant closure on grounds of disorder and noise nuisance (except when being used under the authority of a temporary event notice or premises licence) because they operate under their codes of discipline and rules which are rigorously enforced
  • exemption from orders of the Magistrates' Court for the closure of all licensed premises in an area where disorder is happening or expected

Proprietary clubs

Qualifying clubs should not be confused with proprietary clubs, which are clubs run commercially by individuals, partnerships or businesses for profit. These require a premises licence and are not qualifying clubs.

Any qualifying club may choose to obtain a premises licence if it decides that it wishes to offer its facilities commercially for use by the general public, including the retail sale of alcohol to them.

Guests

Visitors to a qualifying club can be supplied with alcohol as long as they are guests of any member of the club or the club collectively. This can be without prior notice.

The manner in which they are admitted as guests would be for the club to determine and to consider setting out in their own club rules.

Club premises certificate

A club premises certificate is granted to authorise the premises to be used for licensable activities, namely:

  • the supply and sale by retail of alcohol
  • the provision of regulated entertainment 

Licensing objectives and aims

The legislation (the Licensing Act 2003) provides a clear focus on four statutory objectives, which must be addressed when licensing functions are undertaken.

These are:

  • the prevention of crime and disorder
  • public safety
  • the prevention of public nuisance
  • the protection of children from harm

Each objective is of equal importance. It is important to note that there are no other licensing objectives, so that these four objectives are paramount considerations at all times.

Who can apply for the grant of a club premises certificate?

A club may apply for the grant of a club premises certificate in respect of any premises which are occupied by, and habitually used for the purposes of, the club.

Application process

An application for the grant of a club premises certificate must be made to the licensing authority for the area in which the premises is situated. If you wish to make an application please contact licensing@northdevon.gov.uk as we are currently transferring software systems and we will advise on the best way in which to make your application. 

The application must be accompanied by:

  • the required fee
  • a club operating schedule
  • plan of the premises
  • a copy of the rules of the club
  • confirmation that the application has been simultaneously served to the appropriate responsible authorities

Club operating schedule

The operating schedule is a document in which the applicant sets out various details on how a premises is proposed to operate when carrying on licensable activities.

It must contain the following information:

  • the licensable activities to be carried out
  • the proposed hours that the relevant licensable activities are to take place
  • where alcohol is to be supplied, whether supplies are for consumption on and/or off the premises
  • a statement of the steps the applicant proposes to take to promote the licensing objectives

The significance of the club operating schedule is that if the application for the grant of a club premises certificate is granted, it will be incorporated into the certificate and will set out the permitted activities and any limitations.

Plan of the premises

A premises plan must be of the standard scale - 1mm = 100mm (unless previously agreed by the council in another format). The council’s preference is also that plans should not be larger than A3 in size.

The premises plan shall include the following:

  • the location of the extent of the boundary of the building, if relevant, and any external and internal walls which comprise the premises, or in which the premises is comprised
  • the location of points of access to and egress from the premises
  • if different from the above, the location of escape routes from the premises
  • in cases where the premises is to be used for more than one licensable activity, the area within the premises used for each activity
  • 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
  • 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
  • in the case where the premises includes any room or rooms containing public conveniences, the location of any of these
  • the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment
  • the location of a kitchen, if any, on the premises

The plan may include a legend where indication of the above is by the use of symbols.

Responsible authorities

These are public bodies that must be fully notified of applications and that are entitled to make representations to the licensing authority in respect of the application. All representations made by responsible authorities are relevant representations if they concern the effect of the application on the licensing objectives.

The responsible authorities are:

  • The licensing authority
  • the Chief Officer of Police
  • the Devon and Somerset Fire and Rescue Service
  • North Devon Council Health and Safety Team
  • the Health and Safety Executive
  • North Devon Council Environmental Protection Team
  • North Devon Council planning service
  • Exmoor National Park if the premises falls within their boundaries
  • Devon County Council Local Safeguarding Children's Board
  • Devon County Council Trading Standards
  • Devon County Council Public Health Devon

When serving the application on the licensing authority, the applicant should simultaneously serve copies of the application and the plan on all relevant responsible authorities. The application is not valid until this has been completed.

Consultation and advertising

The responsible authorities have 28 consecutive days to consider the application served upon them. Any other persons (for example, members of the public) also have a 28-day period within which to consider making a relevant representation - see 'Representations' below.

To advertise the application, the applicant must clearly display a Notice of a size equal or larger than A4 (on pale blue paper) printed legibly in black ink or typed in black in a font size equal to or larger than size 16. This should be 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 North Devon Council and during which time interested parties may make representations.

For properties with a frontage onto a highway more than 50 metres long, the notice should be displayed at 50 metre intervals.

The licensing authority will send a notice to be used as above by return (one working day) following receipt of a valid application.

Additionally, the applicant must publish a notice in a local paper such as the North Devon Gazette and Advertiser or North Devon Journal. This should be on at least one occasion during the period of 10 working days starting on the day following the day on which the application was given to North Devon Council.

Content of notice (for club premises display and advertisement in local paper)

The notice should clearly contain a brief summary of the application setting out details as follows:

  • proposed relevant licensable activities to be carried on or from the premises
  • the name of the applicant
  • the postal address of the premises, if any, or if there is no postal address for the premises, a description of those premises sufficient to enable the location and extent of the premises to be identified
  • the postal address and, where applicable, the world-wide web address where the North Devon Council register is kept and where the record of the application may be inspected (see footer of this guidance document)
  • the dates between which an interested party and responsible authorities may make representations to North Devon Council (see advertising applications above)
  • a statement that representations shall be made in writing
  • a statement 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 - £5,000

Representations

A hearing on an application will only occur where non-frivolous or vexatious objections or representations from responsible authorities (described above) or other persons are received.

However, these representations must be considered by the licensing authority to have an impact on the promotion of one or more of the licensing objectives (see above).

It is important to note that representations can be negative (objection) or positive (in support) of the application and must be made in writing, by email or online through the public register.

Where no objections or relevant representations are made by responsible authorities or other persons, the licensing authority must grant the club premises certificate on the 29th consecutive day subject only to the *mandatory conditions and the operating schedule.

In the unlikely event, that you have not heard anything regarding your application after the 28-day period above, please contact us. The outcome of your application is not deemed granted if you have not heard from us for reasons of public health and safety.

If relevant representations are received, the licensing authority must hold a hearing and consider the representations, unless successful mediation has occurred.

Mediation

Mediation is successful where all parties (for example, the applicant) making relevant representations and with the agreement of the licensing authority, agree that the reasons for representation have been overcome and that these may be reflected in the licence issued, such as the operating schedule/licence conditions.

Hearing (mediation unsuccessful)

Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant, responsible authorities and other persons at least 10 working days before the day of the hearing.

The applicant and parties described above must give notice to North Devon Council at least two working days before the start of the hearing stating:

  • whether they will attend the hearing in person
  • whether they will be represented by someone else (for example, lawyer / councillor / MP)
  • whether they think a hearing is unnecessary (if, for example an agreement has been reached before a formal hearing)
  • any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application.

Hearing - what action is available to the licensing sub-committee?

When a hearing is held, the committee must take such steps as it considers necessary for the promotion of the licensable objectives.

These are:

  • grant the certificate subject to:
  • exclude from the scope of the certificate any of the qualifying club activities to which the application relates
  • reject the application
  • the conditions volunteered in the operating schedule, modified to such extent as the committee considers necessary for the promotion of the licensing objectives
  • any mandatory conditions

Appeal

Right of appeal exists to the magistrates' court for either applicant, relevant responsible authorities or other persons and must be lodged with the court within 21 consecutive days of the date of the objection notice.

The longest possible expected timescale for the determination of the grant of a club premises certificate, where a hearing proceeds, is 91 consecutive days (excludes the appeals process).

Determination

Where an application is either granted or rejected, the licensing authority will give a notice to that effect to the applicant, relevant responsible authorities and interested parties having made a successful representation and the chief officer of police for the area in which the premises is situated.

Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the application.

Fee

The fee for the grant of a club premises certificate is based on rateable value.

Applicants should note that an annual maintenance fee is also payable on the anniversary of the grant of a licence, again based upon rateable value. A licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority the annual fee that has become due.

Register


Current applications for the grant of a club premises certificate and those previously completed can be viewed on the Club Premises Certificate Public Register