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Duration of certificate | |
78 Period of validity of club premises certificate | |
(1) A club premises certificate has effect until such time as— | |
(a) it is withdrawn under section 86 or 88, or | |
(b) it lapses by virtue of section 79(3) (surrender). | 5 |
(2) But a club premises certificate does not have effect during any period when it | |
is suspended under section 86. | |
79 Surrender of club premises certificate | |
(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. | 10 |
(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. | 15 |
Duty to notify certain changes | |
80 Notification of change of name or alteration of rules of club | |
(1) Where a club— | |
(a) holds a club premises certificate, or | |
(b) has made an application for a club premises certificate which has not | 20 |
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 90(1) (power to prescribe | |
fee to accompany application). | 25 |
(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. | 30 |
(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 | 35 |
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. | |
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81 Change of relevant registered address of club | |
(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 | 5 |
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 90(1) (power to | 10 |
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 | 15 |
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 | 20 |
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 | |
179(7). | |
Variation of certificates | |
82 Application to vary club premises certificate | 25 |
(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 89 (form etc. of applications); | |
(b) section 90 (fees to accompany applications). | 30 |
(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 70 (advertisement etc. of application) applies in relation to | 35 |
applications under this section as it applies in relation to applications under | |
that section. | |
83 Determination of application under section 82 | |
(1) This section applies where the relevant licensing authority— | |
(a) receives an application, made in accordance with section 82, to vary a | 40 |
club premises certificate, and | |
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(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 84(6), the authority must grant the | |
application. | |
(3) Where relevant representations are made, the authority must— | 5 |
(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 | 10 |
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 | 15 |
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). | 20 |
(6) The requirements are— | |
(a) that the representations are made by an interested party or responsible | |
authority within the period prescribed under section 70(6)(c) by virtue | |
of section 82(4), | |
(b) that they have not been withdrawn, and | 25 |
(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 section 72 (requirements to be met in | |
respect of club premises certificate authorising supply of alcohol for | 30 |
consumption off the premises). | |
84 Supplementary provision about applications under section 82 | |
(1) Where an application (or any part of an application) is granted under section | |
83, the relevant licensing authority must forthwith give a notice to that effect | |
to— | 35 |
(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. | 40 |
(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 83(3)(b). | |
(3) The notice under subsection (1) must specify the time when the variation in | |
question takes effect. | 45 |
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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 | |
83, the relevant licensing authority must forthwith give a notice to that effect | 5 |
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. | 10 |
(5) Where the relevant licensing authority determines for the purposes of section | |
83(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 83 so as to vary | |
substantially the premises to which it relates. | 15 |
(7) In discharging its duty under subsection (2) or (3) 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. | 20 |
(8) In this section “relevant representations” has the meaning given in section | |
83(5). | |
Review of certificates | |
85 Application for review of club premises certificate | |
(1) Where a club holds a club premises certificate— | 25 |
(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 89 (form etc. of | 30 |
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; | 35 |
(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 | 40 |
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— | |
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(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 | 5 |
(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 | 10 |
determined under section 86, or | |
(ii) representations considered by the relevant licensing authority | |
in accordance with section 71, before it determined the | |
application for the club premises certificate under that section, | |
and | 15 |
(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 | 20 |
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 86 (so far as not already met) apply only to so much (if any) of the | 25 |
application as has not been rejected. | |
86 Determination of application for review | |
(1) This section applies where— | |
(a) the relevant licensing authority receives an application made in | |
accordance with section 85, | 30 |
(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 | 35 |
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— | 40 |
(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 | 45 |
is altered or omitted or any new condition is added. | |
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(5) Subsection (3) is subject to section 72 (requirements to be met in respect of club | |
premises certificate authorising supply of alcohol for consumption off the | |
premises). | |
(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 | 5 |
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— | 10 |
(a) that the representations are made by the club, a responsible authority | |
or an interested party within the period prescribed under section | |
85(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 | 15 |
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. | 20 |
(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 | 25 |
(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. | 30 |
87 Supplementary provision about review | |
(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. | 35 |
(2) The authority may, in its capacity as responsible authority, apply under section | |
85 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. | |
Withdrawal of certificates | 40 |
88 Club ceasing to be a qualifying club | |
(1) Where— | |
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(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 60), | |
the authority must give a notice to the club withdrawing the certificate, so far | 5 |
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— | 10 |
(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 | 15 |
references to the minimum number of members required by condition 4 in | |
section 61(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 | 20 |
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 | 25 |
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 | 30 |
subsection (5) may seize and remove any documents relating to the business of | |
the club in question. | |
General provision | |
89 Form etc. of applications and notices under Part 4 | |
In relation to any application or notice under this Part, regulations may | 35 |
prescribe— | |
(a) its form; | |
(b) the manner in which it is to be made or given; | |
(c) information and documents that must accompany it. | |
90 Fees | 40 |
(1) Regulations may— | |
(a) require applications under any provision of this Part (other than section | |
85) to be accompanied by a fee, and | |
(b) prescribe the amount of the fee. | |
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