Variation of a club premises certificate

Variation

A club which holds a club premises certificate may apply to the relevant licensing authority for variation of the certificate, including.

A variation can not be used to vary a certificate so as to:

See also minor variations.

*See grant of a club premises certificate.

Clubs

Clubs are organisations where members have joined together for particular social, sporting or political purposes and then combined to buy alcohol in bulk as members of the organisation to supply in the club. They commonly include, political clubs, Royal British Legion, working mans clubs, social and sports clubs.

Technically the club only sells alcohol by retail to guests. Where members purchase alcohol, there is no sale (as the member owns part of the alcohol stock) and the money passing across the bar is merely a mechanism to preserve equity to members.

Qualifying clubs

Only qualifying clubs may hold club premises certificates. In order to be a qualifying club, a club must meet five general conditions:

Benefits of being a club

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

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.

Club premises certificate

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

Licensing objectives and aims

The legislation (the Licensing Act 2003) provides a clear focus on four statutory objectives, which must be addressed when licensing functions are undertaken.

These are:

Each objective is of equal importance. It is important to note that there are no other licensing objectives, so that these four objectives are paramount considerations at all times.

Regulated entertainment

This is defined under the Licensing Act 2003 as:

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

Who can apply to vary a club premises certificate?

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

Application process

An application to vary 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 (as relevant to the details of variation above) by:

Club operating schedule

The operating schedule is a document in which the applicant sets out various details on how a premises is proposed to operate when carrying on licensable activities.

It must contain the following information:

The significance of the club operating schedule is that if the application to vary the club premises certificate is granted, it will be incorporated into the certificate and will set out the permitted activities and any limitations.

Plan of the premises

A premises plan must be of the standard scale - 1mm = 100mm (unless previously agreed by the Council in another format). The Council’s preference is also that plans should not be larger than A3 in size.

The premises plan shall include the following:

The plan may include a legend where indication of the above is by the use of symbols.

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:

For full contact details, refer to the Licensing Act 2003 policy (203 kB) .

When serving the application on the Licensing Authority, the applicant should simultaneously serve copies of the application and the plan on all relevant responsible authorities. The application is not valid until this has been completed.

Consultation and advertising

The responsible authorites 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 of a size equal or larger than A4 (on pale blue paper) printed legibly in black ink or typed in black in a font size equal to or larger than size 16. This should be 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 North Devon Council and during which time interested parties may make representations.

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

The licensing authority will send a notice to be used as above by return (1 working day) following receipt of a valid application.

Additionally, the applicant must publish a notice in a local paper such as the North Devon Gazette and Advertiser or North Devon Journal. This should be on at least one occasion during the period of 10 working days starting on the day following the day on which the application was given to North Devon Council.

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:

Representations

A hearing on an application will only occur where non-frivolous or vexatious objections or representations from interested parties or responsible authorities are received:

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 (see above).

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

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

In the unlikely event, that you have not heard anything regarding your application after the 28-day period above, please contact us. The outcome of your application is not deemed granted if you have not heard from us for reasons of public health and safety.

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

*Mandatory Conditions

As applicable to the granted licensable activities, the conditions below are mandatory and will be shown on the certificate in addition to those volunteered in the club operating schedule/imposed at a hearing:

Alcohol (consumption off the premises):

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.

A club premises certificate which authorises the supply of alcohol for consumption off the premises must include the following conditions:

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

Any alcohol supplied for consumption off the premises must be in a sealed container.

Any supply of alcohol for consumption off the premises must be made to a member of the club in person.

Exhibition of films:

Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification body designated as the authority under Section 4 of the Video Recordings Act 1984.

Where the film classification is not specified or the relevant licensing authority has notified the premises licence holder under Section 20 (3)(b) of the Licensing Act 2003, the admission of children must be restricted in accordance with any recommendation made by the Licensing Authority.

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.

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 North Devon Council at least 2 working days before the start of the hearing stating:

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 licensable objectives.

These are:

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 variation of a club premises certificate, where a hearing proceeds, is 91 consecutive days (excludes the appeals process).

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.

Application forms

CPC19 - Variation:

EUGO Portal

Holding and deferring electronic applications (s182 guidance)

If an application has been given at the weekend, the notice advertising the application (where applicable) may already be displayed outside the premises by the time that the licensing authority downloads the application. The Government therefore recommends that if a licensing authority holds an application, it should inform the applicant that the original (or if necessary, amended) notice must be displayed until the end of the revised period. Therefore, the applicant should not advertise the application in a local newspaper until they have received confirmation from the licensing authority that the application includes all the required information.This advice ensures applicants do not incur any unnecessary costs.

Further information

Trade associations

ALMR - Association of Licensed Multiple Retailers

BECTU - Broadcasting, Entertainment, Cinematograph and Theatre Union

FLVA - Federation of Licensed Victuallers Associations

IEAP - Institute of Entertainment and Arts Professionals

Fee

The fee for the variation of a club premises certificate is based on rateable value.

Contact details

Applications should be sent to:

The Licensing Team

Environmental Health and Housing

North Devon Council

Civic Centre

North Walk

Barnstaple

Devon

EX31 1EA

Applications can be handed to the Customer Service Centre or at the Ilfracombe Centre and the Amory Centre, South Molton.

In case of query, please telephone the Customer Service Centre on 01271 388870 and ask for the Licensing Team.

Email: licensing@northdevon.gov.uk

Please also see further contact details towards the bottom of this page.

Register

Current applications for the variation of a club premises certificate and those previously completed can be viewed on the Club Premises Certificate Public Register, listed together with other 'events' held against a given premises.

Complaints

If you want to make a complaint about a licensed club premises , please contact us. See also review of a club premises certificate.

If you feel we have failed to provide you with good service or are concerned about the progress of your application, please telephone the Customer Service Centre. The Licensing team will endeavour to resolve any concerns you may have.

The council also has a formal complaints procedure.

Contact information

To contact the Customer Service Centre:

Telephone: 01271 388870
For Typetalk: precede with 18001
Text: 07624 804042
Fax: 01271 388451
Email: customerservices@northdevon.gov.uk
Web form: send us a web enquiry
Join the conversation on Twitter

Our office hours are 9.00 am to 5.00 pm Monday to Friday.

Feedback

We hope the services you receive from us are the quality you expect, or better.

We do understand there are times when you feel unhappy with our services or you may want to make a compliment or a suggestion about how we can improve.

You can give us your feedback in many different ways.