Under the new Licensing Act 2003, Members’ Clubs (e.g. working
men’s clubs, social clubs etc) will need authorisation to use club
premises for relevant activities, including the supply/sale of
alcohol and regulated entertainment for members and guests.
A Qualifying Club
1. To be classified as a qualifying club a number of general
conditions must be met. These are:
- There must be an interval of at least
two days between a member’s nomination/application for membership
and their admission
- There must be at least 25 members
- The club must be established and
conducted in ‘good faith’ (this involves consideration of details
such as club finances)
- That alcohol is not supplied to
members on the premises otherwise than by or on behalf of the
club.
2. There are other conditions that relate to the supply of alcohol.
These are:
- The purchase and supply of alcohol is managed by a committee of
elected members;
- No arrangements may be made for any person to receive any
commission, percentage or similar payment at the expense of the
club with reference to purchases of alcohol by the club;
- No arrangements may be made for any person to derive any
monetary benefit from the supply of alcohol to members or guests
apart from to benefit the club as a whole
Authorised Activities under a Club Premises
Certificate
- The supply of alcohol by or on behalf of the club to, or to the
order of, members of the club;
- The sale by retail of alcohol by or on behalf of the club to a
guest of a member of the club for consumption on the premises where
the sale takes place; and
- The provision of ‘regulated entertainment’ (by
or for members of the club or members and their guests) and /or
provision of ‘entertainment facilities’
.
Regulated Entertainment means any of the
following:
- The performance of a play (this means any piece where a
dramatic role is acted out);
- An exhibition of a film (this means any display of moving
pictures except TV);
- An indoor sporting event; 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.Entertainment
facilities are those for people to take part in an entertainment of
the following sort:
-
- Making music;
- Dancing; and
- Entertainment of a similar description to making music or
dancing.
~ “Entertainment facilities” are, for example, a dance floor
for people to use.
Special Events
The new Act does not propose many changes to the way in which clubs
may operate. One difference is that under the old Club Registration
Certificate, clubs were allowed to make sales to non-members
attending functions organised on the premises by non-members up to
12 times a year. This is not provided for in the Act but serving a
‘temporary event notice’ (TENs) on the Council can cover such
events although TENs have certain constraints. If a club prefers
they could apply for a premises licence instead, or as well as, a
Club Premises Certificate. A premises licence might provide
additional flexibility.
Under 18s
Under the Licensing Act 2003 a club will commit an offence if
alcohol is supplied by it, or on its behalf, to a member of the
club who is under 18. In addition children under 16 must be
accompanied whilst on the premises (although this can be covered by
nominating a ‘supervisor’ for the purpose).
How to apply for a new Club Premises
Certificate
You will need to:
- Complete the form Declaration for a Club Premises Certificate to
be Granted
- Fully complete the Club Premises Certificate application form
(Note: you will need to serve your application on all the
Responsible Authorities on the
Contact Details page)
Download a Club Premises Certificate Application
Form here (472Kb)
- Supply the correct fee (Note: you will need to check the
enclosure on Non-Domestic Rateable Values, to calculate your
fee)
- Supply a plan of the premises, indicate the prescribed
information (Note: see the
Guidance for submission of plans );
- Complete the operating schedule (Note: the
Tick Box Operating Schedule , is available
for your use)
- Advertise the proposed variation by means of a
Public Notice on the Premises and a
Newspaper Advert in a local newspaper. (Note: you will need to
post and publish your notices within 10 working days of submitting
your complete application to the Licensing Authority. Please CHECK
that your application is COMPLETE AND VALID before placing your
advertisement, as otherwise you may need to re-advertise at a later
date)
If you want to sell Alcohol to non-members, you should
apply for a premises licence.
Upon request we can e-mail a copy of your approved licence to
you.
For further information use the contact details below:
E-mail:
licensing@waveney.gov.uk
Telephone: 01502 523620
Fax: 01502 589327
PLEASE RETURN ALL APPLICATION FORMS AND SUPPORTING DOCUMENTS
TO:
WAVENEY DISTRICT COUNCIL
PO BOX 190
LOWESTOFT
NR32 1WX
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