Club premises certificate
Contents
- Overview
- Applying for a club premises certificate
- Advertisement
- Eligibility
- Evaluation process
- How long it will take to process your application
- Tacit consent
- Appeals
- If you have a complaint
Overview
A club premises certificate authorises a qualifying club to:
- sell or supply of alcohol to members and their guests
- provide regulated entertainment to members and their guests
A designated premises supervisor or personal licence holder is not needed for club premises.
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
- the money passing across the bar is 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.
Applying for a club premises certificate
- Complete the application form
- Enclose a plan of the premises in a scale of 1:100
- Enclose the club declaration
- Enclose the club rules
- Enclose the fee - cheques should be made payable to South Tyneside Council
- Submit the complete application to the Licensing Authority
- Send a complete copy (including plans), at the same time, to the responsible authorities
- Advertise the application in a local newspaper
- Prominently display a notice of the application at or on the premises
Information we need from you
Your application must include as much information as possible about your premises / club premises and the activities you want to happen there.
It must also tell us what measures you intend to put in place to promote the licensing objectives.
The four key objectives people applying for licences must look to promote are:
- Prevention of crime and disorder
- Public safety
- Prevention of public nuisance
- Protection of children from harm
All are equally important and are the only matters that can be taken into account when applications are considered.
Plan
You must include a plan of your premises to 1:100 scale.
The plan must show:
- The boundary of the building and any external and internal walls
- The location of entry and exit points to the premises
- Escape routes if different
- The area(s) where each licensable activity is to take place
- Fixed structures or objects in a temporarily fixed location (not furniture)
- The location and height of any raised areas such as a stage
- The location of any stairs, steps, elevators and / or lifts
- Public conveniences
- Fire safety equipment
- The kitchen if applicable
Fee
You must enclose the fee.
Send the application
You must send a full copy of your application to all of the responsible authorities with the exception of the coast guard, unless your premise is a vessel.
Advertisement
You must advertise your application by a notice at the premises and in a local newspaper.
Notice at the premises
You must display a notice at or on the premises you've made the application for, for at least 28 consecutive days starting on the day after the day on which the application was given to the licensing authority.
The notice must be:
- of a size equal to 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
Notice in a local paper
You must also publish a notice in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the area of the premises.
The notice must be published on at least one occasion during the period of ten working days, starting on the day after the application was given to the licensing authority.
Both notices must contain a statement of the relevant licensable activities or relevant qualifying club activities which it is proposed will be carried on at, or from the premises.
The notice should state:
- The name of the applicant or club
- The postal address of the premises or, if there is no postal address, a description of the premises sufficient to enable the location and extent of the premises to be identified
- The postal address and the web address where the register of the licensing authority is kept and where and when the record of the application may be inspected
- The date by which an interested party or responsible authority may make representations to the licensing authority
- That representations shall be made in writing
- 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
Eligibility
Clubs must be qualifying clubs.
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 around 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 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
Other societies
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.
Miners' welfare institutes
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
- 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
- people who were appointed by the Coal Industry Welfare Organisation
- 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.
Evaluation process
A club can apply for a club premises certificate for any premises occupied and used regularly for club purposes.
Applications should be made to the local licensing authority, which will be the local Council where the premises are situated.
Applications should be submitted with a:
- plan of the premises which must be in a specific format
- copy of the rules of the club
- club operating schedule
A club operating schedule is a document which must be in a specific format and which includes information on:
- 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
If there any changes to the rules or name of the club before an application is determined or after a certificate is issued, the club secretary must give details to the local licensing authority.
If a certificate is in place this must be sent to the licensing authority when they are notified.
If a certificate is in place and the registered address of the club changes the club must give notice to the local licensing authority of the change and provide the certificate with the notice.
A club may apply to a local licensing authority to vary a certificate. The certificate should accompany the application.
The local licensing authority may inspect the premises before an application is considered.
Fees may be payable for any type of application relating to a club premises certificate.
How long it will take to process your application
If your application is successful and we have received all of the necessary documentation, your application will be deemed as "granted" after the 28 day consultation period.
If the Council receive a representation, your application cannot be determined until the matter has been considered by the Council's Licensing Committee.
Tacit consent
Tacit consent is where an application is treated as accepted if a reply is not recieved within a certain timeframe.
Tacit consent does apply.
If you have not been contacted during the 28 day representation period, your application is automatically deemed to be granted.
If you would like to check on the progress of your application, please contact the Licensing Team on 0191 424 7695 or email licensing@southtyneside.gov.uk.
Appeals
Appeal a decision
Please contact South Tyneside Council in the first instance.
A failed applicant will receive notice of the refusal of an application for a certificate or variation of a certificate from the local licensing authority.
If an application is rejected, the applicant may appeal the decision.
Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.
Appealing a condition of the license
Please contact South Tyneside Council in the first instance.
If a local licensing authority refuses an application for a variation the licence holder may appeal the decision.
A licence holder can appeal against a decision to put conditions on a certificate or to exclude any club activity. Appeals may also be made against the variation of any condition.
Appeals against the decision of a review can be made.
A club may appeal against the withdrawing of a certificate.
Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.
If you have a complaint
If you have a complaint, we advise that you contact the trader, preferably in the form a letter (with proof of delivery).
If that has not worked, if you are located in the UK, Consumer Direct will give you advice.
From outside the UK, contact the UK European Consumer Centre.
A club member may request a review of the certificate.
The local licensing authority will give reasons for their response to the application in a notice.
Appeals against the decision of a review can be made.
Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.
Other appeals
Any interested party may make representations to the local licensing authority before the certificate is granted or before amendments to a certificate are granted.
If representations are made a hearing will be held to consider the application and the representations.
Notices will be made by the local licensing authority detailing the reasons for any outcome.
Interested parties who made representations will receive notice of a failed application.
An interested party is:
- A person living near the premises or a body representing such a person
- A person involved in a business near the premises or a body representing such a person
An interested party may request a review of the club premises certificate.
The local licensing authority will give reasons for their response to the application in a notice.
An interested party may appeal if they argue that a certificate should not have been granted or that different or additional conditions or limitations on activities should have been made.
They may also appeal against any variation of a condition.
Appeals against the decision of a review can be made.
Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.