Licence
Summary
To authorise
the supply of alcohol and regulated entertainment in a qualifying
club you need a club premises certificate from us. 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 and the money
passing across the bar is merely 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.
Eligibility Criteria
Clubs must be
qualifying clubs. A qualifying club has general conditions it must
satisfy which 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 in relation to 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
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.
Regulation Summary
The main
legislation covering this permission is the
Licensing Act 2003.
Application Evaluation Process
A club can
apply for a club premises certificate for any premises which are
occupied and used regularly for club purposes.
Applications
should be made to us where the premises are situated within our
area.
Applications
should be submitted with a plan of the premises which must be in a
specific format, a copy of the rules of the club and a 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
alterations 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 us. If a certificate is in place this must be
sent to us when we are notified.
If a
certificate is in place and the registered address of the club
changes the club must give notice to us of the change and provide
the certificate with the notice.
A club may
apply to us to vary a certificate. The certificate should accompany
the application.
We may inspect
the premises before an application is considered.
Fees are payable for any type of
application relating to a club premises certificate.
Will
Tacit Consent Apply?
Yes. This means
that you will be able to act as though your application is granted
if you have not heard from us by the end of the target completion
period of 42 days.
Apply
online
Downloadable forms and other documents.
If you wish to
complete an application by hand and return it to us by post, you
can
download the application form.
Failed
Application Redress
Please contact
us 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 licensing
authority.
If an
application is rejected, the applicant may appeal the decision.
Appeals must be
made to the North Somerset
Magistrates' Court within 21 days of being notified of the
decision made by the licensing authority.
Licence
Holder Redress
Please contact
us in the first instance.
If we refuse 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 North Somerset Magistrates'
Court within 21 days of being notified of the decision made by
the licensing authority.
Consumer Complaint
We would always
advise that in the event of a complaint the first contact is made
with the club by you - preferably in the form a letter (with proof
of delivery). If that has not worked, contact the Licensing
Team.
A club member
may request a review of the certificate. We will give reasons for
our response to the application in the form of a notice.
Appeals against
the decision of a review can be made.
Appeals must be
made to
the North Somerset Magistrates'
Court within 21 days of being notified of the decision
made by the licensing authority.
Other
Redress
Any interested
party may make representations to us 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. We will notify all persons
making representations of the outcome of a hearing and reasons for
decisions taken will be given.
Interested
parties who made representations will receive notice of a failed
application.
An interested
party may request a review of the club premises certificate. We
will give reasons for our response to the application in a
notice.
An interested
party may appeal if they consider 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 North Somerset Magistrates' Court within 21 days of
being notified of the decision made by the licensing authority.
Public
Registers
Further
information can be obtained on the registers held by visiting
the public
registers page.
Trade
Associations
Contact Details
For more information please contact the
Licensing
Team.
