A Club Premises Certificate is a type of license issued under the Licensing Act 2003 in England and Wales. It allows qualifying clubs to carry out licensable activities (such as supplying alcohol and providing regulated entertainment) to members and their guests without the need for a traditional premises license. However, to obtain this certificate, the club must meet specific criteria to be recognized as a "qualifying club." Licensing Professionals have written this guide to detail the requirements that need to be met to obtain a club premises certificate.
Criteria for a Club Premises Certificate:
Membership Structure
Genuine Membership: The club must have a genuine membership structure with a clear application process. Prospective members should apply for membership, be approved by the club's committee, and pay a subscription fee.
Membership Period: The club must have at least 25 members, and there should be a waiting period (typically 2 days) between the application for membership and the member being allowed to enjoy the club’s facilities and purchase alcohol.
Non-Profit Distribution
Surplus Income: The club must operate on a not-for-profit basis. Any surplus income or profits generated by the club must be reinvested into the club’s activities or facilities rather than distributed to members.
No Private Gain: The club should be run for the benefit of its members rather than for private gain or commercial profit.
Control and Management
Elected Officers: The club must be managed by a committee of elected officers (e.g., chairman, treasurer, secretary) who are members of the club.
Constitution or Rules: The club should have a formal constitution or set of rules that govern its operation, including the election of officers, membership criteria, and the conduct of the club's affairs.
Meetings: Regular meetings should be held where members can participate in decision-making processes, particularly regarding the club's management and operations.
Supply and Sale of Alcohol
Supply to Members and Guests Only: The club premises certificate permits the supply of alcohol only to members and their bona fide guests. Alcohol cannot be sold to the general public.
Club Funds: Alcohol must be purchased by the club's management committee on behalf of the club using club funds, rather than being supplied by individuals or members.
Sales for Profit Prohibited: Any profit from the sale of alcohol must go back into the club, and the prices charged should reflect this non-commercial approach.
Use of Facilities
Access to Facilities: The club’s facilities should be primarily used by members and their guests. Any activities provided should be for the benefit of the members.
No Public Events: Events and activities should not be open to the general public, except in certain cases where a Temporary Event Notice (TEN) is obtained for special events.
Regulated Entertainment
Entertainment for Members: The club can provide regulated entertainment, such as live music, recorded music, films, and indoor sports, as part of its activities for members and their guests.
Application Process for a Club Premises Certificate:
Submit Application to Local Licensing Authority
The application must be submitted to the local council, including a completed application form, a copy of the club’s rules, and a plan of the premises.
Operating Schedule: The application should include an operating schedule that outlines the licensable activities, hours of operation, and measures in place to promote the licensing objectives (e.g., preventing crime, ensuring public safety).
Consultation and Public Notice
The application must be advertised publicly and sent to responsible authorities (e.g., police, fire service) for consultation. This process allows for objections or comments to be made regarding the application.
Decision and Conditions
If there are no objections, the certificate is usually granted. If objections are raised, a hearing may be held, and the certificate may be granted with specific conditions attached to ensure compliance with the licensing objectives.
Licensing Objectives
The club must demonstrate how it will uphold the four licensing objectives:
The Prevention of Crime and Disorder
Public Safety
The Prevention of Public Nuisance
The Protection of Children from Harm
Benefits of a Club Premises Certificate:
No Need for a Designated Premises Supervisor (DPS): Unlike a premises license, a club premises certificate does not require a designated premises supervisor to oversee the sale of alcohol.
Reduced Regulatory Burden: The requirements for a club premises certificate reflect the club's non-commercial status, with fewer regulatory requirements compared to a full premises license.
Flexibility for Members: The certificate allows the club to operate more flexibly, serving alcohol and providing entertainment as part of its member-focused activities.
Summary
A Club Premises Certificate allows qualifying clubs to supply alcohol and provide entertainment to members and their guests without a traditional premises license. To qualify, the club must operate on a non-profit basis, have a genuine membership structure, be managed by elected officers, and ensure that alcohol and entertainment are provided primarily for members and their guests. The application process involves demonstrating compliance with the Licensing Act 2003 and promoting the four licensing objectives.
Licensing Professionals provide training and guidance to ensure compliance with the Licensing Act 2003. Contact Licensing Professionals for a free consultation.
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