|
| |
| |
(3) Where the premises are situated in the areas of two or more licensing | |
authorities, the relevant licensing authority is— | |
(a) the licensing authority in whose area the greater or greatest part of the | |
premises is situated, or | |
(b) if there is no authority to which paragraph (a) applies, such one of those | 5 |
authorities as is nominated in accordance with subsection (4). | |
(4) In a case within subsection (3)(b), an applicant for a club premises certificate | |
must nominate one of the licensing authorities as the relevant licensing | |
authority in relation to the application and any certificate granted as a result of | |
it. | 10 |
68 Authorised persons, interested parties and responsible authorities | |
(1) In this Part in relation to any premises each of the following expressions has | |
the meaning given to it by this section— | |
“authorised person”, | |
“interested party”, | 15 |
“responsible authority”. | |
(2) “Authorised person” means any of the following— | |
(a) an officer of a licensing authority in whose area the premises are | |
situated who is authorised by that authority for the purposes of this | |
Act, | 20 |
(b) an inspector appointed under section 18 of the Fire Precautions Act | |
1971 (c. 40), | |
(c) an inspector appointed under section 19 of the Health and Safety at | |
Work etc. Act 1974 (c. 37), | |
(d) an officer of a local authority, in whose area the premises are situated, | 25 |
who is authorised by that authority for the purposes of exercising one | |
or more of its statutory functions in relation to minimising or | |
preventing the risk of pollution of the environment or of harm to | |
human health, | |
(e) in relation to a vessel, an inspector, or a surveyor of ships, appointed | 30 |
under section 256 of the Merchant Shipping Act 1995 (c. 21), | |
(f) a person prescribed for the purposes of this subsection. | |
(3) “Interested party” means any of the following— | |
(a) a person living in the vicinity of the premises, | |
(b) a body representing persons who live in that vicinity, | 35 |
(c) a person involved in a business in that vicinity, | |
(d) a body representing persons involved in such businesses. | |
(4) “Responsible authority” means any of the following— | |
(a) the chief officer of police for any police area in which the premises are | |
situated, | 40 |
(b) the fire authority for any area in which the premises are situated, | |
(c) the enforcing authority within the meaning given by section 18 of the | |
Health and Safety at Work etc. Act 1974 for any area in which the | |
premises are situated, | |
(d) the local planning authority within the meaning given by the Town and | 45 |
Country Planning Act 1990 (c. 8) for any area in which the premises are | |
situated, | |
| |
| |
|
| |
| |
(e) the local authority by which statutory functions are exercisable in any | |
area in which the premises are situated in relation to minimising or | |
preventing the risk of pollution of the environment or of harm to | |
human health, | |
(f) a body which— | 5 |
(i) represents those who, in relation to any such area, are | |
responsible for, or interested in, matters relating to the | |
protection of children from harm, and | |
(ii) is recognised by the licensing authority for that area for the | |
purposes of this section as being competent to advise it on such | 10 |
matters, | |
(g) any licensing authority (other than the relevant licensing authority) in | |
whose area part of the premises is situated, | |
(h) in relation to a vessel— | |
(i) a navigation authority (within the meaning of section 221(1) of | 15 |
the Water Resources Act 1991 (c. 57)) having functions in | |
relation to the waters where the vessel is usually moored or | |
berthed or any waters where it is, or is proposed to be, | |
navigated at a time when it is used for qualifying club activities, | |
(ii) the Environment Agency, | 20 |
(iii) the British Waterways Board, or | |
(iv) the Secretary of State, | |
(i) a person prescribed for the purposes of this subsection. | |
(5) For the purposes of this section, “statutory function” means a function | |
conferred by or under any enactment. | 25 |
69 Other definitions relating to clubs | |
In this Part— | |
“secretary”, in relation to a club, includes any person (whether or not an | |
officer of the club) performing the duties of a secretary; | |
“supply of alcohol to members or guests” means, in the case of any club,— | 30 |
(a) the supply of alcohol by or on behalf of the club to, or to the | |
order of, a member of the club, or | |
(b) the sale by retail of alcohol by or on behalf of the club to a guest | |
of a member of the club for consumption on the premises where | |
the sale takes place, | 35 |
and related expressions are to be construed accordingly. | |
Grant of club premises certificate | |
70 Application for club premises certificate | |
(1) A club may apply for a club premises certificate in respect of any premises | |
which are occupied by, and habitually used for the purposes of, the club. | 40 |
(2) Any application for a club premises certificate must be made to the relevant | |
licensing authority. | |
(3) Subsection (2) is subject to regulations under— | |
(a) section 89 (form etc. of applications and notices under this Part); | |
| |
| |
|
| |
| |
(b) section 90 (fees to accompany applications and notices). | |
(4) An application under this section must also be accompanied by— | |
(a) a club operating schedule, | |
(b) a plan of the premises to which the application relates, in the prescribed | |
form, and | 5 |
(c) a copy of the rules of the club. | |
(5) A “club operating schedule” is a document which is in the prescribed form, and | |
includes a statement of the following matters— | |
(a) the qualifying club activities to which the application relates (“the | |
relevant qualifying club activities”), | 10 |
(b) the times during which it is proposed that the relevant qualifying club | |
activities are to take place, | |
(c) any other times during which it is proposed that the premises are to be | |
open to members and their guests, | |
(d) where the relevant qualifying club activities include the supply of | 15 |
alcohol, whether the supplies are proposed to be for consumption on | |
the premises or both on and off the premises, | |
(e) the steps which it is proposed to take to promote the licensing | |
objectives, and | |
(f) such other matters as may be prescribed. | 20 |
(6) The Secretary of State must by regulations— | |
(a) require an applicant to advertise the application within the prescribed | |
period— | |
(i) in the prescribed form, and | |
(ii) in a manner which is prescribed and is likely to bring the | 25 |
application to the attention of the interested parties likely to be | |
affected by it; | |
(b) require an applicant to give notice of the application to each responsible | |
authority, and such other persons as may be prescribed within the | |
prescribed period; | 30 |
(c) prescribe the period during which interested parties and responsible | |
bodies may make representations to the relevant licensing authority | |
about the application. | |
71 Determination of application for club premises certificate | |
(1) This section applies where the relevant licensing authority— | 35 |
(a) receives an application for a club premises certificate made in | |
accordance with section 70, and | |
(b) is satisfied that the applicant has complied with any requirement | |
imposed on the applicant under subsection (6) of that section. | |
(2) Subject to subsection (3), the authority must grant the certificate in accordance | 40 |
with the application subject only to— | |
(a) such conditions as are consistent with the club operating schedule | |
accompanying the application, and | |
(b) section 72(2) to (5). | |
(3) Where relevant representations are made, the authority must— | 45 |
| |
| |
|
| |
| |
(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 | 5 |
the licensing objectives. | |
(4) The steps are— | |
(a) to grant the certificate subject to— | |
(i) the conditions mentioned in subsection (2)(a) modified to such | |
extent as the authority considers necessary for the promotion of | 10 |
the licensing objectives, and | |
(ii) section 72(2) to (5); | |
(b) to exclude from the scope of the certificate any of the qualifying club | |
activities to which the application relates; | |
(c) to reject the application. | 15 |
(5) Subsections (2) and (3)(b) are subject to section 72(1) (certificate may authorise | |
off-supplies only if it authorises on-supplies). | |
(6) For the purposes of subsection (4)(a) the conditions mentioned in subsection | |
(2)(a) are modified if any of them is altered or omitted or any new condition is | |
added. | 20 |
(7) For the purposes of this section, “relevant representations” means | |
representations which— | |
(a) are about the likely effect of the grant of the certificate on the promotion | |
of the licensing objectives, and | |
(b) meet the requirements of subsection (8). | 25 |
(8) The requirements are— | |
(a) that the representations were made by an interested party or | |
responsible authority within the period prescribed under section | |
70(6)(c), | |
(b) that they have not been withdrawn, and | 30 |
(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. | |
(9) Where the authority determines for the purposes of subsection (8)(c) that any | |
representations are frivolous or vexatious, it must notify the person who made | 35 |
them of the reasons for its determination. | |
(10) In discharging its duty under subsection (2) or (3)(b) a licensing authority may | |
grant a club premises certificate subject to different conditions in respect of— | |
(a) different parts of the premises concerned; | |
(b) different qualifying club activities. | 40 |
72 Certificate authorising supply of alcohol for consumption off the premises | |
(1) 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. | |
| |
| |
|
| |
| |
(2) A club premises certificate which authorises the supply of alcohol for | |
consumption off the premises must include the following conditions. | |
(3) The first condition is that the supply must be made at a time when the premises | |
are open for the purposes of supplying alcohol, in accordance with the club | |
premises certificate, to members of the club for consumption on the premises. | 5 |
(4) The second condition is that any alcohol supplied for consumption off the | |
premises must be in a sealed container. | |
(5) The third condition is that any supply of alcohol for consumption off the | |
premises must be made to a member of the club in person. | |
73 Prohibited conditions: associate members and their guests | 10 |
(1) Where the rules of a club provide for the sale by retail of alcohol on any | |
premises by or on behalf of the club to, or to a guest of, an associate member of | |
the club, no condition may be attached to a club premises certificate in respect | |
of the sale by retail of alcohol on those premises by or on behalf of the club so | |
as to prevent the sale by retail of alcohol to any such associate member or guest. | 15 |
(2) Where the rules of a club provide for the provision of any regulated | |
entertainment on any premises by or on behalf of the club to, or to a guest of, | |
an associate member of the club, no condition may be attached to a club | |
premises certificate in respect of the provision of any such regulated | |
entertainment on those premises by or on behalf of the club so as to prevent its | 20 |
provision to any such associate member or guest. | |
74 Prohibited conditions: plays | |
(1) In relation to a club premises certificate which authorises the performance of | |
plays, no condition may be attached to the certificate as to the nature of the | |
plays which may be performed, or the manner of performing plays, under the | 25 |
certificate. | |
(2) But subsection (1) does not prevent a licensing authority imposing, in | |
accordance with section 71(2) or (3)(b), 83(3)(b) or 86(3), any condition which it | |
considers necessary on the grounds of public safety. | |
75 Grant or rejection of application for club premises certificate | 30 |
(1) Where an application is granted under section 71, the relevant licensing | |
authority must forthwith— | |
(a) give a notice to that effect to— | |
(i) the applicant, | |
(ii) any person who made relevant representations in respect of the | 35 |
application, and | |
(iii) the chief officer of police for the police area (or each police area) | |
in which the premises are situated, and | |
(b) issue the club with the club premises certificate and a summary of it. | |
(2) Where relevant representations were made in respect of the application, the | 40 |
notice under subsection (1)(a) must specify the authority’s reasons for its | |
decision as to the steps (if any) to take under section 71(3)(b). | |
| |
| |
|
| |
| |
(3) Where an application is rejected under section 71, the relevant licensing | |
authority must forthwith give a notice to that effect, stating its reasons for that | |
decision, to— | |
(a) the applicant, | |
(b) any person who made relevant representations in respect of the | 5 |
application, and | |
(c) the chief officer of police for the police area (or each police area) in | |
which the premises are situated. | |
(4) In this section “relevant representations” has the meaning given in section | |
71(7). | 10 |
76 Form of certificate and summary | |
(1) A club premises certificate and the summary of such a certificate must be in the | |
prescribed form. | |
(2) Regulations under subsection (1) must, in particular, provide for the certificate | |
to— | 15 |
(a) specify the name of the club and the address which is to be its relevant | |
registered address, as defined in section 179(7); | |
(b) specify the address of the premises to which the certificate relates; | |
(c) include a plan of those premises; | |
(d) specify the qualifying club activities for which the premises may be | 20 |
used; | |
(e) specify the conditions subject to which the certificate has effect. | |
77 Theft, loss etc. of certificate or summary | |
(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 | 25 |
the certificate or summary. | |
(2) Subsection (1) is subject to regulations under section 90(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 | 30 |
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. | 35 |
(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. | 40 |
| |
| |
|
