Licensing Act 2003 (c. 17)

(The document as of February, 2008)

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(3) "Interested party" means any of the following--

(a) a person living in the vicinity of the premises,

(b) a body representing persons who live in that vicinity,

(d) a body representing persons involved in such businesses.

(4) "Responsible authority" means any of the following--

(a) the chief officer of police for any police area in which the premises are situated,

(b) the fire authority for any area in which the premises are situated,

(c) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 (c. 37) for any area in which the premises are situated,

(d) the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the premises are situated,

(e) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,

(f) a body which--

(i) represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and

(ii) is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters,

(g) any licensing authority (other than the relevant licensing authority) in whose area part of the premises is situated,

(h) in relation to a vessel--

(i) a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57)) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is, or is proposed to be, navigated at a time when it is used for qualifying club activities,

(ii) the Environment Agency,

(iii) the British Waterways Board, or

(iv) the Secretary of State,

(i) a person prescribed for the purposes of this subsection.

(5) For the purposes of this section, "statutory function" means a function conferred by or under any enactment.

70 Other definitions relating to clubs

In this Part--

"secretary", in relation to a club, includes any person (whether or not an officer of the club) performing the duties of a secretary;
"supply of alcohol to members or guests" means, in the case of any club,--
(a)
the supply of alcohol by or on behalf of the club to, or to the order of, a member of the club, or
(b)
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 related expressions are to be construed accordingly.

Grant of club premises certificate

71 Application for club premises certificate

(1) A club may apply for a club premises certificate in respect of any premises which are occupied by, and habitually used for the purposes of, the club.

(2) Any application for a club premises certificate must be made to the relevant licensing authority.

(3) Subsection (2) is subject to regulations under--

(a) section 91 (form etc. of applications and notices under this Part);

(b) section 92 (fees to accompany applications and notices).

(4) An application under this section must also be accompanied by--

(a) a club operating schedule,

(b) a plan of the premises to which the application relates, in the prescribed form, and

(5) A "club operating schedule" is a document which is in the prescribed form, and includes a statement of the following matters--

(a) the qualifying club activities to which the application relates ("the relevant qualifying club activities"),

(b) the times during which it is proposed that the relevant qualifying club activities are to take place,

(d) where the relevant qualifying club activities include the supply of alcohol, whether the supplies are proposed to be for consumption on the premises or both on and off the premises,

(e) the steps which it is proposed to take to promote the licensing objectives, and

(f) such other matters as may be prescribed.

(6) The Secretary of State must by regulations--

(a) require an applicant to advertise the application within the prescribed period--

(i) in the prescribed form, and

(ii) in a manner which is prescribed and is likely to bring the application to the attention of the interested parties likely to be affected by it;

(b) require an applicant to give notice of the application to each responsible authority, and such other persons as may be prescribed within the prescribed period;

(c) prescribe the period during which interested parties and responsible authorities may make representations to the relevant licensing authority about the application.

72 Determination of application for club premises certificate

(1) This section applies where the relevant licensing authority--

(a) receives an application for a club premises certificate made in accordance with section 71, and

(b) is satisfied that the applicant has complied with any requirement imposed on the applicant under subsection (6) of that section.

(2) Subject to subsection (3), the authority must grant the certificate in accordance with the application subject only to--

(a) such conditions as are consistent with the club operating schedule accompanying the application, and

(b) any conditions which must under section 73(2) to (5) or 74 be included in the certificate.

(3) Where relevant representations are made, the authority must--

(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.

(4) The steps are--

(a) to grant the certificate subject to--

(i) the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers necessary for the promotion of the licensing objectives, and

(ii) any conditions which must under section 73(2) to (5) or 74 be included in the certificate;

(b) to exclude from the scope of the certificate any of the qualifying club activities to which the application relates;

(5) Subsections (2) and (3)(b) are subject to section 73(1) (certificate may authorise off-supplies only if it authorises on-supplies).

(6) For the purposes of subsection (4)(a)(4)(a) the conditions mentioned in subsection (2)(a) are modified if any of them is altered or omitted or any new condition is added.

(7) For the purposes of this section, "relevant representations" means representations which--

(a) are about the likely effect of the grant of the certificate on the promotion of the licensing objectives, and

(b) meet the requirements of subsection (8).

(8) The requirements are--

(a) that the representations were made by an interested party or responsible authority within the period prescribed under section 71(6)(c),

(b) that they have not been withdrawn, and

(c) in the case of representations made by an interested party (who is not also a responsible authority), that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.

(9) Where the authority determines for the purposes of subsection (8)(c) that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for its determination.

(10) In discharging its duty under subsection (2) or (3)(b) a licensing authority may grant a club premises certificate subject to different conditions in respect of--

(a) different parts of the premises concerned;

(b) different qualifying club activities.

73 Certificate authorising supply of alcohol for consumption off the premises

(1) A club premises certificate may not authorise the supply of alcohol for consumption off the premises unless it also authorises the supply of alcohol to a member of the club for consumption on those premises.

(2) A club premises certificate which authorises the supply of alcohol for consumption off the premises must include the following conditions.

(3) The first condition is that the supply must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption on the premises.

(4) The second condition is that any alcohol supplied for consumption off the premises must be in a sealed container.

(5) The third condition is that any supply of alcohol for consumption off the premises must be made to a member of the club in person.

74 Mandatory condition: exhibition of films

(1) Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

(2) Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

(3) Where--

(a) the film classification body is not specified in the certificate, or

(b) the relevant licensing authority has notified the club which holds the certificate that this subsection applies to the film in question,

admission of children must be restricted in accordance with any recommendation made by that licensing authority.

(4) In this section--

"children" means persons aged under 18; and
"film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).

75 Prohibited conditions: associate members and their guests

(1) Where the rules of a club provide for the sale by retail of alcohol on any premises by or on behalf of the club to, or to a guest of, an associate member of the club, no condition may be attached to a club premises certificate in respect of the sale by retail of alcohol on those premises by or on behalf of the club so as to prevent the sale by retail of alcohol to any such associate member or guest.

(2) Where the rules of a club provide for the provision of any regulated entertainment on any premises by or on behalf of the club to, or to a guest of, an associate member of the club, no condition may be attached to a club premises certificate in respect of the provision of any such regulated entertainment on those premises by or on behalf of the club so as to prevent its provision to any such associate member or guest.

76 Prohibited conditions: plays

(1) In relation to a club premises certificate which authorises the performance of plays, no condition may be attached to the certificate as to the nature of the plays which may be performed, or the manner of performing plays, under the certificate.

(2) But subsection (1) does not prevent a licensing authority imposing, in accordance with section 72(2) or (3)(b), 85(3)(b) or 88(3), any condition which it considers necessary on the grounds of public safety.

77 Grant or rejection of application for club premises certificate

(1) Where an application is granted under section 72, the relevant licensing authority must forthwith--

(a) give a notice to that effect to--

(i) the applicant,

(ii) any person who made relevant representations in respect of the application, and

(iii) the chief officer of police for the police area (or each police area) in which the premises are situated, and

(b) issue the club with the club premises certificate and a summary of it.

(2) Where relevant representations were made in respect of the application, the notice under subsection (1)(a) must specify the authority's reasons for its decision as to the steps (if any) to take under section 72(3)(b).

(3) Where an application is rejected under section 72, the relevant licensing authority must forthwith give a notice to that effect, stating its reasons for that decision, to--

(a) the applicant,

(b) any person who made relevant representations in respect of the application, and

(4) In this section "relevant representations" has the meaning given in section 72(6).

78 Form of certificate and summary

(1) A club premises certificate and the summary of such a certificate must be in the prescribed form.

(2) Regulations under subsection (1) must, in particular, provide for the certificate to--

(a) specify the name of the club and the address which is to be its relevant registered address, as defined in section 184(7);

(b) specify the address of the premises to which the certificate relates;

(d) specify the qualifying club activities for which the premises may be used;

(e) specify the conditions subject to which the certificate has effect.

79 Theft, loss, etc. of certificate or summary

(1) Where a club premises certificate or summary is lost, stolen, damaged or destroyed, the club may apply to the relevant licensing authority for a copy of the certificate or summary.

(2) Subsection (1) is subject to regulations under section 92(1) (power to prescribe fee to accompany application).

(3) Where an application is made in accordance with this section, the relevant licensing authority must issue the club with a copy of the certificate or summary (certified by the authority to be a true copy) if it is satisfied that--

(a) the certificate or summary has been lost, stolen, damaged or destroyed, and

(b) where it has been lost or stolen, the club has reported the loss or theft to the police.

(4) The copy issued under this section must be a copy of the club premises certificate or summary in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.

(5) This Act applies in relation to a copy issued under this section as it applies in relation to an original club premises certificate or summary.

Duration of certificate

80 Period of validity of club premises certificate

(1) A club premises certificate has effect until such time as--

(a) it is withdrawn under section 88 or 90, or

(b) it lapses by virtue of section 81(3) (surrender).

(2) But a club premises certificate does not have effect during any period when it is suspended under section 88.

81 Surrender of club premises certificate

(1) Where a club which holds a club premises certificate decides to surrender it, the club may give the relevant licensing authority a notice to that effect.

(2) The notice must be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.

(3) Where a notice is given in accordance with this section, the certificate lapses on receipt of the notice by the authority.

Duty to notify certain changes

82 Notification of change of name or alteration of rules of club

(1) Where a club--

(a) holds a club premises certificate, or

(b) has made an application for a club premises certificate which has not been determined by the relevant licensing authority,

the secretary of the club must give the relevant licensing authority notice of any change in the name, or alteration made to the rules, of the club.

(2) Subsection (1) is subject to regulations under section 92(1) (power to prescribe fee to accompany application).

(3) A notice under subsection (1) by a club which holds a club premises certificate must be accompanied by the certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.

(4) An authority notified under this section of a change in the name, or alteration to the rules, of a club must amend the club premises certificate accordingly.

(5) But nothing in subsection (4) requires or authorises the making of any amendment to a club premises certificate so as to change the premises to which the certificate relates (and no amendment made under that subsection to a club premises certificate has effect so as to change those premises).

(6) If a notice required by this section is not given within the 28 days following the day on which the change of name or alteration to the rules is made, the secretary of the club commits an offence.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

83 Change of relevant registered address of club

(1) A club which holds a club premises certificate may give the relevant licensing authority notice of any change desired to be made in the address which is to be the club's relevant registered address.

(2) If a club which holds a club premises certificate ceases to have any authority to make use of the address which is its relevant registered address, it must as soon as reasonably practicable give to the relevant licensing authority notice of the change to be made in the address which is to be the club's relevant registered address.

(3) Subsections (1) and (2) are subject to regulations under section 92(1) (power to prescribe fee to accompany application).

(4) A notice under subsection (1) or (2) must also be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.

(5) An authority notified under subsection (1) or (2) of a change to be made in the relevant registered address of a club must amend the club premises certificate accordingly.

(6) If a club fails, without reasonable excuse, to comply with subsection (2) the secretary commits an offence.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(8) In this section "relevant registered address" has the meaning given in section 184(7).

Variation of certificates

84 Application to vary club premises certificate

(1) A club which holds a club premises certificate may apply to the relevant licensing authority for variation of the certificate.

(2) Subsection (1) is subject to regulations under--

(a) section 91 (form etc. of applications);

(b) section 92 (fees to accompany applications).

(3) An application under this section must also be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to provide the certificate.

(4) The duty to make regulations imposed on the Secretary of State by subsection (6) of section 71 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.

85 Determination of application under section 84

(1) This section applies where the relevant licensing authority--

(a) receives an application, made in accordance with section 84, to vary a club premises certificate, and

(b) is satisfied that the applicant has complied with any requirement imposed by virtue of subsection (4) of that section.

(2) Subject to subsection (3) and section 86(6), the authority must grant the application.

(3) Where relevant representations are made, the authority must--

(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.

(4) The steps are--

(a) to modify the conditions of the certificate;

(b) to reject the whole or part of the application;

and for this purpose the conditions of the certificate are modified if any of them is altered or omitted or any new condition is added.

(5) In this section "relevant representations" means representations which--

(a) are about the likely effect of the grant of the application on the promotion of the licensing objectives, and

(b) meet the requirements of subsection (6).

(6) The requirements are--

(a) that the representations are made by an interested party or responsible authority within the period prescribed under section 71(6)(c) by virtue of section 84(4),

(b) that they have not been withdrawn, and

(7) Subsections (2) and (3) are subject to sections 73 and 74 (mandatory conditions relating to supply of alcohol for consumption off the premises and to exhibition of films).

86 Supplementary provision about applications under section 84

(1) Where an application (or any part of an application) is granted under section 85, the relevant licensing authority must forthwith give a notice to that effect to--

(a) the applicant,

(b) any person who made relevant representations in respect of the application, and

(2) Where relevant representations were made in respect of the application, the notice under subsection (1) must specify the authority's reasons for its decision as to the steps (if any) to take under section 85(3)(b).

(3) The notice under subsection (1) must specify the time when the variation in question takes effect.

That time is the time specified in the application or, if that time is before the applicant is given the notice, such later time as the relevant licensing authority specifies in the notice.

(4) Where an application (or any part of an application) is rejected under section 85, the relevant licensing authority must forthwith give a notice to that effect stating its reasons for rejecting the application to--

(a) the applicant,

(b) any person who made relevant representations, and

(5) Where the relevant licensing authority determines for the purposes of section 85(6)(c) that any representations are frivolous or vexatious, it must give the person who made them its reasons for that determination.

(6) A club premises certificate may not be varied under section 85 so as to vary substantially the premises to which it relates.

(7) In discharging its duty under subsection (2) or (3)(b) of that section, a licensing authority may vary a club premises certificate so that it has effect subject to different conditions in respect of--

(a) different parts of the premises concerned;

(b) different qualifying club activities.

(8) In this section "relevant representations" has the meaning given in section 85(5).

Review of certificates

87 Application for review of club premises certificate

(1) Where a club holds a club premises certificate--

(a) an interested party,

(b) a responsible authority, or

may apply to the relevant licensing authority for a review of the certificate.

(2) Subsection (1) is subject to regulations under section 91 (form etc. of applications).

(3) The Secretary of State must by regulations under this section--

(a) require the applicant to give a notice containing details of the application to the club and each responsible authority within such period as may be prescribed;

(b) require the authority to advertise the application and invite representations relating to it to be made to the authority;

(c) prescribe the period during which representations may be made by the club, any responsible authority and any interested party;

(d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.

(4) The relevant licensing authority may, at any time, reject any ground for review specified in an application under this section if it is satisfied--

(a) that the ground is not relevant to one or more of the licensing objectives, or

(b) in the case of an application made by a person other than a responsible authority, that--

(i) the ground is frivolous or vexatious, or

(ii) the ground is a repetition.

(5) For this purpose a ground for review is a repetition if--

(a) it is identical or substantially similar to--

(i) a ground for review specified in an earlier application for review made in respect of the same club premises certificate and determined under section 88, or

(ii) representations considered by the relevant licensing authority in accordance with section 72, before it determined the application for the club premises certificate under that section, and

(b) a reasonable interval has not elapsed since that earlier application or that grant.

(6) Where the authority rejects a ground for review under subsection (4)(b), it must notify the applicant of its decision and, if the ground was rejected because it was frivolous or vexatious, the authority must notify him of its reasons for making that decision.

(7) The application is to be treated as rejected to the extent that any of the grounds for review are rejected under subsection (4).

Accordingly, the requirements imposed under subsection (3)(a) and (b) and by section 88 (so far as not already met) apply only to so much (if any) of the application as has not been rejected.

88 Determination of application for review

(1) This section applies where--

(a) the relevant licensing authority receives an application made in accordance with section 87,

(b) the applicant has complied with any requirement imposed by virtue of subsection (3)(a) or (d) of that section, and

(2) Before determining the application, the authority must hold a hearing to consider it and any relevant representations.

(3) The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.

(4) The steps are--

(a) to modify the conditions of the certificate;

(b) to exclude a qualifying club activity from the scope of the certificate;

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