Licensing and Regulations Alcohol

Licence summary
The Licensing Act 2003 (“the Act”) recognises that volunteer and social clubs give rise to different issues for licensing law than commercially run premises selling direct to the public. These clubs (such as the Royal British Legion, working men's or cricket or rugby clubs) are generally organisations where members join together for a particular social, sporting or political purpose and then combine to purchase alcohol in bulk for its members. The clubs carry on activities from premises to which public access is restricted and alcohol is supplied other than for profit.

To authorise the supply of alcohol and regulated entertainment in a qualifying club within the South Hams area, you need a club premises certificate from South Hams District Council. 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.

A club premises certificate is granted to authorise the premises to be used for licensable activities, namely:

the supply and sale by retail of alcohol;
the provision of regulated entertainment.

Regulated entertainment
This is defined under the Licensing Act 2003 as:

a performance of a play;
an exhibition of a film;
an indoor sporting event;
a boxing or wrestling entertainment (indoor and outdoor);
a performance of live music;
any playing of recorded music;
a performance of dance;
entertainment of a similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance;

but only where the entertainment takes place in the presence of an audience and is provided at least partly to entertain that audience.

Eligibility criteria
Only qualifying clubs may hold a club premises certificate. In order to be a qualifying club, a club must satisfy five general conditions which must be in the club’s rules:

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

In deciding whether a club is conducted ‘in good faith’ the following matters are taken into account:

Any arrangements restricting the club’s freedom of purchase of alcohol
Any arrangements where any financial gain arising from the carrying on of the club does not benefit the club as a whole or is not for charitable, benevolent or political purposes
The arrangements for giving members information about the finances of the club and the accuracy of financial information kept
The nature of the premises occupied 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.

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

Benefits of being a club
The grant of a club premises certificate means that a qualifying club is entitled to certain benefits:

the authority to supply alcohol to members and sell it to guests on the premises to which the certificate relates without the need for any member or employee to hold a personal licence;
the absence of a requirement to specify a designated premises supervisor;
more limited rights of entry for the Police and authorised persons because the premises are considered private and not generally open to the public;
exemption from police powers of instant closure on grounds of disorder and noise nuisance (except when being used under the authority of a temporary event notice or premises licence) because they operate under their codes of discipline and rules which are rigorously enforced; and
exemption from orders of the Magistrates' Court for the closure of all licensed premises in an area where disorder is happening or expected.

Proprietary clubs
Qualifying clubs should not be confused with proprietary clubs, which are clubs run commercially by individuals, partnerships or businesses for profit. These require a premises licence and are not qualifying clubs.

Any qualifying club may choose to obtain a premises licence if it decides that it wishes to offer its facilities commercially for use by the general public, including the retail sale of alcohol to them.

Guests
Visitors to a qualifying club can be supplied with alcohol as long as they are guests of any member of the club or the club collectively. This can be without prior notice.

The manner in which they are admitted as guests would be for the club to determine and to consider setting out in their own club rules. The only restriction is that the club must be run ‘in good faith’ as a genuine members’ club and must not become, in effect, a bar open to the general public.

Regulation summary

A summary of the regulation relating to this licence

Application evaluation process
A club can apply for a club premises certificate for any premises which are occupied and used regularly for club purposes. An application for a club premises certificate must be made to the licensing authority for the area in which the premises is situated.

The application must be accompanied by:

the required fee;
a club operating schedule;
a declaration that the club is a qualifying club;
plan of the premises;
a copy of the rules of the club;
confirmation that the application has been simultaneously served to the appropriate responsible authorities.

A club may apply to a local licensing authority to vary a certificate. The certificate should accompany the application.

If there are 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 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.

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.

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

Plan of the premises
An application for a premises licence must be accompanied by a scaled plan of the premises to which the application relates. A premises plan must be of the standard scale –1:100 (unless previously agreed by the Licensing Authority in another format). The Licensing Authority’s preference is also that plans should not be larger than A3 in size.

Responsible authorities
These are public bodies that must be fully notified of applications and that are entitled to make representations to the licensing authority in respect of the application. All representations made by responsible authorities are relevant representations if they concern the effect of the application on the licensing objectives.

The responsible authorities are:

the Chief Officer of Police;
the Devon and Somerset Fire and Rescue Service;
South Hams District Council Health and Safety Team;
the Health and Safety Executive;
South Hams District Council Environmental Protection Team;
South Hams District Council Planning Department;
Devon County Council Children and Young Persons Services;
Devon County Council Weights and Measures.
Maritime & Coastguard Agency (boats only)

Consultation and advertising
The responsible authorities have 28 consecutive days to consider the application served upon them. Members of the public/interested parties also have a 28-day period within which to consider making a relevant representation - see 'Representations' below.

To advertise the application, the applicant must clearly display a Notice immediately on or outside the premises for a period of no less than twenty eight consecutive days starting on the day following the day on which the application was given to the South Hams District Council licensing department and during which time interested parties may make representations.

The Notice must be:

of a size equal 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.

For properties with a frontage onto a highway more than 50 metres long, the Notice should be displayed at 50 metre intervals.

Additionally, the applicant must publish a notice in a local newspaper or, if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises. This must be advertised on at least one occasion during the period of ten working days starting on the day after the day on which the application was given to the South Hams District Council licensing department.

Content of notice (for premises display and advertisement in local paper)
The Notice should clearly contain a brief summary of the application setting out details as follows:

proposed relevant licensable activities to be carried on or from the premises;
the name of the applicant;
the postal address of the premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises to be identified;
the postal address and, where applicable, the world-wide web address where the record of the application may be inspected.

For this purpose the address will be:

           The Licensing Authority
           South Hams District Council
           Follaton House
           Plymouth Road
           TOTNES
           Devon
           TQ9 5NE
           Tel: 01803 861234
           www.southhams.gov.uk

the dates between which an interested party and responsible authorities may make representations to South Hams District Council (see advertising applications above);
a statement that representations shall be made in writing; and
a statement 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 - £5,000

Representations
A hearing on an application will occur where representations from interested parties or responsible authorities are received, as long as these are not deemed to be frivolous or vexatious objections:

interested parties are businesses or residents in the vicinity of the premises and people representing businesses or residents;
responsible authorities are as described above.

However, these representations must be considered by the licensing authority to have an impact on the promotion of one or more of the licensing objectives.

It is important to note that representations can be negative (objection) or positive (in support) of the application and must be made in writing or by email (see contact details below).

Where no objections or relevant representations are made by responsible authorities or interested parties, the licensing authority must grant the premises licence on the 29th consecutive day subject only to the mandatory conditions and the operating schedule.

If relevant representations are received, the licensing authority must hold a hearing and consider the representations, unless successful mediation has occurred.

Mediation
Mediation is successful where all parties, ie the applicant, all parties making relevant representations and with the agreement of the licensing authority; agree that the reasons for representation have been overcome and that these may be reflected in the licence issued, ie the operating schedule / licence conditions.

Any agreed changes to the original application must be formally passed at a hearing before the licensing sub-committee.

Hearing (mediation unsuccessful)
Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant, responsible authorities and interested parties at least 10 working days before the day of the hearing.

The applicant and parties described above must give notice to the Licensing Department at South Hams District Council at least 5 working days before the start of the hearing stating:

whether they will attend the hearing in person;
whether they will be represented by someone else (e.g. lawyer / councillor / MP);
whether they think a hearing is unnecessary (if, for example an agreement has been reached before a formal hearing);
any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application

Hearing - what action is available to the licensing sub-committee?
When a hearing is held, the committee must take such steps as it considers necessary for the promotion of the licensing objectives.

These are:

grant the licence subject to:

-the conditions volunteered in the operating schedule, modified to such extent as the committee considers necessary for the promotion of the licensing objectives;

-any mandatory conditions;

exclude from the scope of the licence any of the licensable activities to which the application relates;
refuse to specify a person in the licence as the premises supervisor;
reject the application.

View committee hearing procedure

Determination
Where an application is either granted or rejected, the licensing authority will give a notice to that effect to the applicant, relevant responsible authorities and interested parties having made a successful representation and the chief officer of police for the area in which the premises is situated.

Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the application.

Target completion time
Once South Hams District Council have received the completed application and associated supporting documents (if required) from the applicant the target completion time will be 29 days.

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 the local authority by the end of the target completion period. This does not apply to minor variation applications.

Apply online

Apply for a new club premises certificate

Apply to vary a club premises certificate

Notification of a change to your existing details or club rules

Apply for a minor variation to your club premises certificate

Forms to download, print, and post

Application for a new club premises certificate

Application for a declaration for a club premises certificate

Application to vary a club premises certificate

Application for a minor variation to your club premises certificate

Further information
Committee Hearings Procedure Licensing Act 2003 – Information for Parties

Failed application redress
Please contact The Licensing Department at South Hams District Council in the first instance.

Appeal
Right of appeal exists to the Magistrates' Court for both applicant, relevant responsible authorities and interested parties and must be lodged with the Court within 21 consecutive days of the date of the objection notice.

The longest possible expected timescale for the determination of the grant of a club premises certificate, where a hearing proceeds, is 91 days (excluding the appeals process).

Fees
The fee for the grant of a club premises certificate is based on the non-domestic rateable value of the premises.

Click here to view fees for licence applications

Contact details
Address
Licensing Department
South Hams District Council
Follaton House
Plymouth Road
Totnes
Devon
TQ9 5NE
Tel: 01803 861234
Fax: 01803 861294
Email: licensing@southhams.gov.uk

Public register
Click here for information on how to view the public register.

Licence holder redress
Please contact The Licensing Department at South Hams District 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.

Consumer complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - 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 redress
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.

Trade associations

Federation of Licensed Victuallers Associations (FLVA)

Noctis