Office of Public Sector Information
PART 4 continued
(1) Where a club premises certificate or summary is lost, stolen, damaged or destroyed, the club may apply to the relevant licensing authority for a copy of the certificate or summary.
(2) Subsection (1) is subject to regulations under section 92(1) (power to prescribe fee to accompany application).
(3) Where an application is made in accordance with this section, the relevant licensing authority must issue the club with a copy of the certificate or summary (certified by the authority to be a true copy) if it is satisfied that—
(a) the certificate or summary has been lost, stolen, damaged or destroyed, and
(b) where it has been lost or stolen, the club has reported the loss or theft to the police.
(4) The copy issued under this section must be a copy of the club premises certificate or summary in the form in which it existed immediately before it was lost, stolen, damaged or destroyed.
(5) This Act applies in relation to a copy issued under this section as it applies in relation to an original club premises certificate or summary.
(1) A club premises certificate has effect until such time as—
(a) it is withdrawn under section 88 or 90, or
(b) it lapses by virtue of section 81(3) (surrender).
(2) But a club premises certificate does not have effect during any period when it is suspended under section 88.
(1) Where a club which holds a club premises certificate decides to surrender it, the club may give the relevant licensing authority a notice to that effect.
(2) The notice must be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.
(3) Where a notice is given in accordance with this section, the certificate lapses on receipt of the notice by the authority.
(1) Where a club—
(a) holds a club premises certificate, or
(b) has made an application for a club premises certificate which has not been determined by the relevant licensing authority,
the secretary of the club must give the relevant licensing authority notice of any change in the name, or alteration made to the rules, of the club.
(2) Subsection (1) is subject to regulations under section 92(1) (power to prescribe fee to accompany application).
(3) A notice under subsection (1) by a club which holds a club premises certificate must be accompanied by the certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.
(4) An authority notified under this section of a change in the name, or alteration to the rules, of a club must amend the club premises certificate accordingly.
(5) But nothing in subsection (4) requires or authorises the making of any amendment to a club premises certificate so as to change the premises to which the certificate relates (and no amendment made under that subsection to a club premises certificate has effect so as to change those premises).
(6) If a notice required by this section is not given within the 28 days following the day on which the change of name or alteration to the rules is made, the secretary of the club commits an offence.
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) A club which holds a club premises certificate may give the relevant licensing authority notice of any change desired to be made in the address which is to be the club’s relevant registered address.
(2) If a club which holds a club premises certificate ceases to have any authority to make use of the address which is its relevant registered address, it must as soon as reasonably practicable give to the relevant licensing authority notice of the change to be made in the address which is to be the club’s relevant registered address.
(3) Subsections (1) and (2) are subject to regulations under section 92(1) (power to prescribe fee to accompany application).
(4) A notice under subsection (1) or (2) must also be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to produce the certificate.
(5) An authority notified under subsection (1) or (2) of a change to be made in the relevant registered address of a club must amend the club premises certificate accordingly.
(6) If a club fails, without reasonable excuse, to comply with subsection (2) the secretary commits an offence.
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(8) In this section “relevant registered address” has the meaning given in section 184(7).
(1) A club which holds a club premises certificate may apply to the relevant licensing authority for variation of the certificate.
(2) Subsection (1) is subject to regulations under—
(a) section 91 (form etc. of applications);
(b) section 92 (fees to accompany applications).
(3) An application under this section must also be accompanied by the club premises certificate or, if that is not practicable, by a statement of the reasons for the failure to provide the certificate.
(4) The duty to make regulations imposed on the Secretary of State by subsection (6) of section 71 (advertisement etc. of application) applies in relation to applications under this section as it applies in relation to applications under that section.
(1) This section applies where the relevant licensing authority—
(a) receives an application, made in accordance with section 84, to vary a club premises certificate, and
(b) is satisfied that the applicant has complied with any requirement imposed by virtue of subsection (4) of that section.
(2) Subject to subsection (3) and section 86(6), the authority must grant the application.
(3) Where relevant representations are made, the authority must—
(a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and
(b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.
(4) The steps are—
(a) to modify the conditions of the certificate;
(b) to reject the whole or part of the application;
and for this purpose the conditions of the certificate are modified if any of them is altered or omitted or any new condition is added.
(5) In this section “relevant representations” means representations which—
(a) are about the likely effect of the grant of the application on the promotion of the licensing objectives, and
(b) meet the requirements of subsection (6).
(6) The requirements are—
(a) that the representations are made by an interested party or responsible authority within the period prescribed under section 71(6)(c) by virtue of section 84(4),
(b) that they have not been withdrawn, and
(c) in the case of representations made by an interested party (who is not also a responsible authority), that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(7) Subsections (2) and (3) are subject to sections 73 and 74 (mandatory conditions relating to supply of alcohol for consumption off the premises and to exhibition of films).
(1) Where an application (or any part of an application) is granted under section 85, the relevant licensing authority must forthwith give a notice to that effect to—
(a) the applicant,
(b) any person who made relevant representations in respect of the application, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(2) Where relevant representations were made in respect of the application, the notice under subsection (1) must specify the authority’s reasons for its decision as to the steps (if any) to take under section 85(3)(b).
(3) The notice under subsection (1) must specify the time when the variation in question takes effect.
That time is the time specified in the application or, if that time is before the applicant is given the notice, such later time as the relevant licensing authority specifies in the notice.
(4) Where an application (or any part of an application) is rejected under section 85, the relevant licensing authority must forthwith give a notice to that effect stating its reasons for rejecting the application to—
(a) the applicant,
(b) any person who made relevant representations, and
(c) the chief officer of police for the police area (or each police area) in which the premises are situated.
(5) Where the relevant licensing authority determines for the purposes of section 85(6)(c) that any representations are frivolous or vexatious, it must give the person who made them its reasons for that determination.
(6) A club premises certificate may not be varied under section 85 so as to vary substantially the premises to which it relates.
(7) In discharging its duty under subsection (2) or (3)(b) of that section, a licensing authority may vary a club premises certificate so that it has effect subject to different conditions in respect of—
(a) different parts of the premises concerned;
(b) different qualifying club activities.
(8) In this section “relevant representations” has the meaning given in section 85(5).
(1) Where a club holds a club premises certificate—
(a) an interested party,
(b) a responsible authority, or
(c) a member of the club,
may apply to the relevant licensing authority for a review of the certificate.
(2) Subsection (1) is subject to regulations under section 91 (form etc. of applications).
(3) The Secretary of State must by regulations under this section—
(a) require the applicant to give a notice containing details of the application to the club and each responsible authority within such period as may be prescribed;
(b) require the authority to advertise the application and invite representations relating to it to be made to the authority;
(c) prescribe the period during which representations may be made by the club, any responsible authority and any interested party;
(d) require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.
(4) The relevant licensing authority may, at any time, reject any ground for review specified in an application under this section if it is satisfied—
(a) that the ground is not relevant to one or more of the licensing objectives, or
(b) in the case of an application made by a person other than a responsible authority, that—
(i) the ground is frivolous or vexatious, or
(ii) the ground is a repetition.
(5) For this purpose a ground for review is a repetition if—
(a) it is identical or substantially similar to—
(i) a ground for review specified in an earlier application for review made in respect of the same club premises certificate and determined under section 88, or
(ii) representations considered by the relevant licensing authority in accordance with section 72, before it determined the application for the club premises certificate under that section, and
(b) a reasonable interval has not elapsed since that earlier application or that grant.
(6) Where the authority rejects a ground for review under subsection (4)(b), it must notify the applicant of its decision and, if the ground was rejected because it was frivolous or vexatious, the authority must notify him of its reasons for making that decision.
(7) The application is to be treated as rejected to the extent that any of the grounds for review are rejected under subsection (4).
Accordingly, the requirements imposed under subsection (3)(a) and (b) and by section 88 (so far as not already met) apply only to so much (if any) of the application as has not been rejected.
(1) This section applies where—
(a) the relevant licensing authority receives an application made in accordance with section 87,
(b) the applicant has complied with any requirement imposed by virtue of subsection (3)(a) or (d) of that section, and
(c) the authority has complied with any requirement imposed on it under subsection (3)(b) or (d) of that section.
(2) Before determining the application, the authority must hold a hearing to consider it and any relevant representations.
(3) The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.
(4) The steps are—
(a) to modify the conditions of the certificate;
(b) to exclude a qualifying club activity from the scope of the certificate;
(c) to suspend the certificate for a period not exceeding three months;
(d) to withdraw the certificate;
and for this purpose the conditions of the certificate are modified if any of them is altered or omitted or any new condition is added.
(5) Subsection (3) is subject to sections 73 and 74 (mandatory conditions relating to supply of alcohol for consumption off the premises and to exhibition of films).
(6) Where the authority takes a step within subsection (4)(a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.
(7) In this section “relevant representations” means representations which—
(a) are relevant to one or more of the licensing objectives, and
(b) meet the requirements of subsection (8).
(8) The requirements are—
(a) that the representations are made by the club, a responsible authority or an interested party within the period prescribed under section 87(3)(c),
(b) that they have not been withdrawn, and
(c) if they are made by an interested party (who is not also a responsible authority), that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(9) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must give the person who made them its reasons for that determination.
(10) Where a licensing authority determines an application for review under this section it must notify the determination and its reasons for making it to—
(a) the club,
(b) the applicant,
(c) any person who made relevant representations, and
(d) the chief officer of police for the police area (or each police area) in which the premises are situated.
(11) A determination under this section does not have effect—
(a) until the end of the period given for appealing against the decision, or
(b) if the decision is appealed against, until the appeal is disposed of.
(1) This section applies where a local authority is both—
(a) the relevant licensing authority, and
(b) a responsible authority,
in respect of any premises.
(2) The authority may, in its capacity as responsible authority, apply under section 87 for a review of any club premises certificate in respect of the premises.
(3) The authority may in its capacity as licensing authority determine that application.
(1) Where—
(a) a club holds a club premises certificate, and
(b) it appears to the relevant licensing authority that the club does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates (see section 61),
the authority must give a notice to the club withdrawing the certificate, so far as relating to that activity.
(2) Where the only reason that the club does not satisfy the conditions for being a qualifying club in relation to the activity in question is that the club has fewer than the required number of members, the notice withdrawing the certificate must state that the withdrawal—
(a) does not take effect until immediately after the end of the period of three months following the date of the notice, and
(b) will not take effect if, at the end of that period, the club again has at least the required number of members.
(3) The references in subsection (2) to the required number of members are references to the minimum number of members required by condition 4 in section 62(5) (25 at the passing of this Act).
(4) Nothing in subsection (2) prevents the giving of a further notice of withdrawal under this section at any time.
(5) Where a justice of the peace is satisfied, on information on oath, that there are reasonable grounds for believing—
(a) that a club which holds a club premises certificate does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates, and
(b) that evidence of that fact is to be obtained at the premises to which the certificate relates,
he may issue a warrant authorising a constable to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant, and search them.
(6) A person who enters premises under the authority of a warrant under subsection (5) may seize and remove any documents relating to the business of the club in question.
In relation to any application or notice under this Part, regulations may prescribe—
(a) its form;
(b) the manner in which it is to be made or given;
(c) information and documents that must accompany it.
(1) Regulations may—
(a) require applications under any provision of this Part (other than section 87) to be accompanied by a fee, and
(b) prescribe the amount of the fee.
(2) Regulations may also require the payment of an annual fee to the relevant licensing authority by or on behalf of a club which holds a club premises certificate.
(3) Regulations under subsection (2) may include provision—
(a) imposing liability for the making of the payment on the secretary or such other officers or members of the club as may be prescribed,
(b) prescribing the amount of any such fee, and
(c) prescribing the time at which any such fee is due.
(4) Any fee which is owed to a licensing authority under subsection (2) may be recovered as a debt due to the authority from any person liable to make the payment by virtue of subsection (3)(a).
(1) Where—
(a) the relevant licensing authority, in relation to a club premises certificate, makes a determination or receives a notice under this Part, or
(b) an appeal against a decision under this Part is disposed of,
the relevant licensing authority must make the appropriate amendments (if any) to the certificate and, if necessary, issue a new summary of the certificate.
(2) Where a licensing authority is not in possession of the club premises certificate, it may, for the purpose of discharging its obligations under subsection (1), require the secretary of the club to produce the certificate to the authority within 14 days from the date on which the club is notified of the requirement.
(3) A person commits an offence if he fails, without reasonable excuse, to comply with a requirement under subsection (2).
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) This section applies whenever premises in respect of which a club premises certificate has effect are being used for one or more qualifying club activities authorised by the certificate.
(2) The secretary of the club must secure that the certificate, or a certified copy of it, is kept at the premises in the custody or under the control of a person (the “nominated person”) who—
(a) falls within subsection (3),
(b) has been nominated for the purpose by the secretary in writing, and
(c) has been identified to the relevant licensing authority in a notice given by the secretary.
(3) The persons who fall within this subsection are—
(a) the secretary of the club,
(b) any member of the club,
(c) any person who works at the premises for the purposes of the club.
(4) The nominated person must secure that—
(a) the summary of the certificate or a certified copy of that summary, and
(b) a notice specifying the position which he holds at the premises,
are prominently displayed at the premises.
(5) The secretary commits an offence if he fails, without reasonable excuse, to comply with subsection (2).
(6) The nominated person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).
(7) A constable or an authorised person may require the nominated person to produce the club premises certificate (or certified copy) for examination.
(8) An authorised person exercising the power conferred by subsection (7) must, if so requested, produce evidence of his authority to exercise the power.
(9) A person commits an offence if he fails, without reasonable excuse, to produce a club premises certificate or certified copy of a club premises certificate in accordance with a requirement under subsection (7).
(10) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(11) In subsection (4) the reference to the summary of the certificate is a reference to the summary issued under section 77 or, where one or more summaries have subsequently been issued under section 93, the most recent summary to be so issued.
(12) Section 95 makes provision about certified copies of club premises certificates and of summaries of club premises certificates for the purposes of this section.
(1) Any reference in section 94 to a certified copy of a document is a reference to a copy of the document which is certified to be a true copy by—
(a) the relevant licensing authority,
(b) a solicitor or notary, or
(c) a person of a prescribed description.
(2) Any certified copy produced in accordance with a requirement under subsection 94(7) must be a copy of the document in the form in which it exists at the time.
(3) A document which purports to be a certified copy of a document is to be taken to be such a copy, and to comply with the requirements of subsection (2), unless the contrary is shown.
(1) Subsection (2) applies where—
(a) a club applies for a club premises certificate in respect of any premises,
(b) a club applies under section 84 for the variation of a club premises certificate held by it, or
(c) an application is made under section 87 for review of a club premises certificate.
(2) On production of his authority—
(a) an authorised person, or
(b) a constable authorised by the chief officer of police,
may enter and inspect the premises.
(3) Any entry and inspection under this section must take place at a reasonable time on a day—
(a) which is not more than 14 days after the making of the application in question, and
(b) which is specified in the notice required by subsection (4).
(4) Before an authorised person or constable enters and inspects any premises under this section, at least 48 hours' notice must be given to the club.
(5) Any person obstructing an authorised person in the exercise of the power conferred by this section commits an offence.
(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(7) The relevant licensing authority may, on the application of a responsible authority, extend by not more than 7 days the time allowed for carrying out an entry and inspection under this section.
(8) The relevant licensing authority may allow such an extension of time only if it appears to the authority that—
(a) reasonable steps had been taken for an authorised person or constable authorised by the applicant to inspect the premises in good time, but
(b) it was not possible for the inspection to take place within the time allowed.
(1) Where a club premises certificate has effect in respect of any premises, a constable may enter and search the premises if he has reasonable cause to believe—
(a) that an offence under section 4(3)(a), (b) or (c) of the Misuse of Drugs Act 1971 (c. 38) (supplying or offering to supply, or being concerned in supplying or making an offer to supply, a controlled drug) has been, is being, or is about to be, committed there, or
(b) that there is likely to be a breach of the peace there.
(2) A constable exercising any power conferred by this section may, if necessary, use reasonable force.
Licensing Act 2003