Allow
More info
Under the provisions of the Licensing Act 2003, activities, including the supply of alcohol, provided on behalf of the members of a club are treated rather differently from commercial organisations. The reason for this is that organisations which have been formed by a group of people with a common interest and which are run for the benefit of members do not involve the public.
A certificate and not a Licence is required because the supply of alcohol is only available to bona fide members and their guests. So a group of people can agree to obtain alcohol and supply themselves with it. As they already own the stock, any charge is made only to reflect the different quantities consumed by each person. A Club operates under a set of rules, which are determined by the members, and, a copy has been supplied with any application. Generally, a Club must have a minimum of 25 members and a period of 2 days must elapse from the time the application for membership is made until the full benefits of membership can be made available. The management of the arrangements must be undertaken by a Committee, which is elected from within the membership. This sort of arrangement is not enjoyed by the widely accepted “nightclub” which may well have members but in respect of which there is no formal application requirement or waiting time to enjoy the facilities. These, together with other “Proprietary Clubs”, such as health or snooker clubs, are usually owned by a proprietor and run for profit rather than the overall benefit of members. (These will require Premises Licences.)
The Licensing Act allows the arrangements for Qualifying Members Clubs to carry on provided that they continue to operate in a way, which qualifies for this separate and special status, and so be outside the need for a Premises Licence. They can, instead, operate under a Club Premises Certificate, which must be applied for in respect of the premises and will grant the appropriate permission for the supply of alcohol and the provision of other licensable Club activities. These will be shown in the application and set out in the Operation Schedule, which will need to be submitted.
In addition, because qualifying Clubs will have their own rules and codes of discipline, there are other benefits which arise:
- There will be no need for any individual or employee to obtain a Personal Licence.
- There will be no need to specify a Designated Premises Supervisor.
- The Police and other authorised enforcement officers do not have the same rights to enter what are, effectively, private premises.
- The premises will not be subject to Police powers of instant closure on the grounds of disorder or noise nuisance or other orders requiring all premises in an area to close in anticipation of such problems.
- The date by which an interested party or responsible authority may make representations to the relevant licensing authority;
- That representations shall be made in writing; and
- 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 description of the proposed variation.
- Give A brief description of the proposed variation, but it must include the times the premises is open for the sale of alcohol, supply of hot food and regulated entertainment, though there isn’t a need to specify all of these, just the earliest opening times and the latest closing times.
Types of Applications
- New Club Premises Certificate
- Vary a Club Premises Certificate
- Minor Variation to a Club Premises Certificate
Trade Associations
Related Documents
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Club Premises Certificate Guide
A guide to for clubs in Torbay applying for a Club Premises Certificate under the Licensing Act 2003.
Last updated: 07/10/2009, 2:23pm (76 KB) -
Fees
Details of the fees payable under the Licensing Act for premises licences in Torbay.
Last updated: 04/05/2011, 11:08am (46 KB) -
Responsible Authorities
Details of the 'responsible authorities' in Torbay which must be notified when an application is made under the Licensing Act 2003.
Last updated: 30/04/2012, 5:00pm (40 KB) -
Control of Noise from Licensed Premises
Guidance for applicants on the noise issues, which need to be addressed as part of the Operating Schedule, including the assessment and control of noise from licensed premises.
Last updated: 04/05/2011, 11:08am (112 KB) -
Model Conditions
Information and guidance to help you meet the licensing objectives and write your operating schedule.
Last updated: 10/09/2009, 12:50pm (187 KB) -
Application Procedure
Guide to applying for a licence online.
Last updated: 19/04/2011, 1:58pm (281 KB)
Contact Licensing & Public Protection
- Tel: 01803 208025
- Email: licensing@torbay.gov.uk
- Fax: 01803 208854
