Qualifying clubs are able to admit their own members and guests as well as associate members and their guests when qualifying activities are being carried on without compromising the use of their club premises certificate. This reflects traditional arrangements where such clubs make their facilities open to members of other clubs which operate reciprocal arrangements.
The Department of Culture, Media and Sport (DCMS) has stated that the Licensing Act does not define a "guest"; an "associate member" is merely one form of guest included in the 2003 Act for the sake of clarity. A "guest" can be served in the club as long as they are a "guest" defined in the club’s own rules. This gives the club discretion as to the creation of its own rules defining who will be considered as a "guest", the only restriction that the club must be run ‘in good faith’ as a genuine members’ club – that it must not become a bar open to the general public. The Licensing Act 2003 provides for the licensing authority to decide whether the club is operating ‘in good faith’.
The Minister with special responsibility for licensing, Richard Caborn, has further elaborated on the status of visitors to clubs saying that the Licensing Act 2003....
".....gives clubs the flexibility to invite a broad range of people into their premises as ‘guests’. A visitor can be served in the clubhouse bar as long as they are a ‘guest’, as defined in the club’s own rules. The Act does not tell clubs what to put in their rules – that is rightly a matter for them. It is up to the club to consider whether its rules should require ‘guests’ to be physically signed in by a member or whether some other requirement such as payment of a green fee could apply. The only restriction is that the club must be run ‘in good faith’ as a genuine members’ club (as is the case under current law) and must not become, in effect, a bar open to the general public". Golf Monthly (May 2004)
We would suggest that clubs will need to scrutinise their rules with legal advice, but it does not seem at this stage that the new legislation will make that much difference to the day to day operation of clubs.