Club premises certificate

Guidance for registered clubs (from club registration certificate to club premises certificate)

Applications to convert the existing club registration certificate must be made within six months of the first appointed day 7 February 2005.

Club premises certificates

The Act recognises that premises, to which public access is restricted and where alcohol is supplied other than for profit, give rise to different issues for licensing law than those presented by commercial enterprises selling direct to the public. For this reason, it preserves aspects of earlier alcohol licensing law as it applied to 'registered members clubs'. These clubs are organisations where members have joined together for particular social, sporting or political purposes and there are technically no sales by retail of alcohol by the club at such premises except to guests when guests make a purchase.

What are the qualifying conditions?

• Members must not be admitted without at least two days between nomination or notification and admission
• The club must be conducted in good faith
• It must have at least 25 members
• Alcohol must not be supplied to members except by or on behalf of the club

In determining whether a club is established and conducted in good faith, account may be taken of the following:

• any arrangements restricting the club’s freedom of purchase of alcohol
• any arrangement under which the club money or property or any gain arising may be applied otherwise than for the benefit of the club as a whole or for charitable, benevolent or political purposes
• the arrangements for giving information to members about the finances of the club
• the books and records kept to ensure the accuracy of that information
• the nature of the premises occupied by the club

Additional conditions for the supply of alcohol are that:

• the control of purchase and supply is to be by the club or by an elective committee
• no person to receive commission on purchases
• no person to derive directly or indirectly any pecuniary benefit from the supply of alcohol

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

Associate members and guests

As well as their own members and guests qualifying clubs are also able to admit associate members and their guests to the club premises when qualifying club 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.

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 sale of alcohol to them. However, an individual on behalf of a club may give temporary event notices in respect of the premises to cover a period up to 96 hours on up to 12 occasions each calendar year so long as no more than 499 people attend the event subject to an overall maximum duration in the year of 15 days and on such occasions may sell alcohol to the public or hire out their premises for use by the public.

How do I convert my current club registration certificate into a club premises certificate?

The Act makes similar transitional provisions to those for conversion to new premises licences both in respect of the conversion of existing registration certificates into a club premises certificate and variations of such certificate.

The application form lists all the documentation you must include when submitting your application for either a conversion/conversion and simultaneous variation/new.

Application for conversion to include:

• fee
• existing certificate(s) or certified copies
• plan of the premises
• copy of club rules
• copy of application to be sent to the police
• new applications will require an operating schedule

Conversion and simultaneous variation:

• to include the above but copies have to be sent to all the relevant authorities
• the application has to be advertised

Failure to comply with the above requirements will result in the application being rejected

Previously, registered members clubs also enjoyed another privilege of being outside the normal licensing regime: the freedom to sell alcohol to minors and allow them to consume it on the club premises. Although in recent years most clubs have operated voluntary rules which prohibit sales and supply of alcohol to those under 18 years old, the 2003 Act has removed this privilege and the sale or supply of alcohol to children in such clubs is unlawful.

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