Club premises certificate
Licence summary
The Club Premises Certificate allows a qualifying club to carry
out the following licensable activities:
- The supply of alcohol to members
- The sale of alcohol to bona fide guests
- The provision of regulated entertainment
Eligibility Criteria
There are a number of conditions in order to become a qualifying
club:
- The club must have at least 25 members
- The club must be established in good faith
- Membership will not become active before 2
days from the persons nomination or acceptance into the club.
- Alcohol must not be provided or intended to
be provided on the premises other than by or on behalf of the
club.
Additional conditions in relation to the supply of alcohol must
be complied with:
- 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
Supply Of Alcohol To Members Of A Club
The supply of alcohol to members of a club
differs from sale by retail in that it is deemed that the assets of
a club (including alcohol) are owned jointly by the members.
When a member or their guest is supplied with alcohol, the money
that is exchanged is not actually a sale; it is to allow an
equitable replenishment of the jointly owned stock.
As members clubs have a management committee
responsible for the day to day running of the club a DPS is not
required. Such clubs often have a discipline committee to
ensure that members behave in accordance with the club rules.
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.
Miners' welfare institutes
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
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 Dover District Council (if we are
the local licensing authority to where the premises are
situated).
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 Dover District Council
Licensing section. If a certificate is in place this must be sent
to us with the notification.
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 vary a certificate. The certificate should accompany the
application.
We may inspect the premises before an application is
considered. Fees may be payable for any type of application
relating to a club premises certificate.
Will Tacit Consent Apply?
No. It is in the public interest that the authority must process
your application before it can be granted. If you have not heard
from us within a reasonable period, please contact us.
Apply
We are currently working on a new online system which should be
available in February 2010
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 us.
- If an application is rejected, the applicant may appeal the
decision.
- Appeals must be made to the local Magistrates' court within 21
days of the decision appealed.
Licence Holder Redress
- Please contact us 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
Any interested party may make representations to the local
licensing authority 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. Notices will be made by the local licensing
authority detailing the reasons for any outcome. Interested parties
who made representations will receive notice of a failed
application.
An interested party is:
- a person living near the premises or a body representing such a
person
- a person involved in a business near the premises or a body
representing such a person
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
Contact the Licensing Section
Telephone: 01304 872295
E-mail: licensing@dover.gov.uk
Post:
Licensing Section
Dover District Council
White Cliffs Business Park
Dover
Kent CT16 3PJ
