To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a Club Premises Certificate from your Local Authority.
Licence summary
In a qualifying club there is technically no sale by retail of alcohol (except to guests) as the members own the 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.
These are:
- A person may not be given membership 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 and this is done under the control of the members or a committee of members.
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 by 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 and also by people who were appointed by the Coal Industry Welfare Organisation or by 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.
Regulation summary
A Summary of Club Premises Certificate Regulation has been produced by The National Archives.
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 the local Licensing Authority where the premises is situated.
Applications must be submitted with the application form, plan of the premises, copy of club rules, and the club premises certificate club rules wording below.
Club rule (satisfies Licensing Act s62(2) condition 1)
Persons may not—
- a) be admitted to membership, or
- b) be admitted, as candidates for membership, to any of the privileges of membership, without an interval of at least two days between their nomination or application for membership and their admission.
Club rule (satisfies Licensing Act s62(3) condition 2)
Persons becoming members without prior nomination or application may not be admitted to the privileges of membership without an interval of at least two days between their becoming members and their admission.
Club rule (satisfies Licensing Act s62(4) condition 3)
The club is established and conducted in good faith as a club for the purposes of bowling.
Club rule (satisfies Licensing Act s62(4) condition 3)
Arrangements restricting the club’s freedom of purchase of alcohol. The purchase of alcohol and range of alcohol available will be controlled by the club committee.
Club rule (satisfies Licensing Act s62(4) condition 3)
Money or property of the club, or any gain arising from the carrying on of the club, is or may be applied otherwise than for the benefit of the club as a whole or for charitable, benevolent or political purposes.
[Insert here… what happens to income and property and how that is controlled/audited. May already have a club rule covering this.]
[Insert here… details of any money or property used for charitable benevolent or political purposes. May already have a club rule covering this.]
Club rule (satisfies Licensing Act s62(4) condition 3)
The arrangements for giving members information about the finances of the club are…[Insert here…how this is done – books of account and other records kept to ensure the accuracy of that information; finances presented to committee an AGM, who is responsible for financial recording – may already have club rules covering this]
Club rule (satisfies Licensing Act s62(5) condition 4)
The club will maintain at least 25 members and recognises that if the numbers drop below 25 the club is no longer a qualifying club and the club premises certificate will lapse.
Club rule (satisfies Licensing Act s62(6) condition 5)
Alcohol will not be supplied, or intended to be supplied, to members on the premises otherwise than by or on behalf of the club.
Club rule (satisfies Licensing Act s64(2) condition 1)
The purchase of alcohol for the club, and the supply of alcohol by the club, are managed by a committee whose members:
- a) are members of the club;
- b) have attained the age of 18 years; and
- c) are elected by the members of the club.
Club rule (satisfies Licensing Act s64(3) condition 2)
No arrangements are, or are intended to be, made for any person to receive at the expense of the club any commission, percentage or similar payment on, or with reference to, purchases of alcohol by the club.
Club rule (satisfies Licensing Act s64(4) condition 3)
No arrangements are, or are intended to be, made for any person directly or indirectly to derive any pecuniary benefit from the supply of alcohol by or on behalf of the club to members or guests, apart from:
- a) any benefit accruing to the club as a whole, or
- b) any benefit which a person derives indirectly by reason of the supply giving rise or contributing to a general gain from the carrying on of the club.
The club rules may need to be updated in order to complete the club rules declaration.
A club operating schedule is contained in the application form 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 Club Premises Certificate is issued, the club secretary must give us the details. If a Club Premises Certificate is in place this must be sent to us when they are notified.
If a Club Premises Certificate is in place and the registered address of the club changes you must give us notice of the change and provide the Club Premises Certificate with the notice.
You may apply to us to vary a Club Premises Certificate. The Club Premises Certificate should accompany the application.
We may inspect the premises before an application is considered.
Tacit Consent
Tacit Consent does apply to Club Premises Certificates.
You will be able to act as though your application is granted if you have not heard from the Local Authority by the end of the target completion period. For Rother District Council the target completion period for a Club Premises Certificate is 30 calendar days from receipt of the application.
Trade associations
You may find the following organisations useful: