(i) 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,
(iii) the British Waterways Board, or
(iv) the Secretary of State,
(g) 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.
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,—
(a) the supply of alcohol by or on behalf of the club to, or to the
order of, a member of the club for consumption on the premises
where the supply takes place, 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,
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.
(2) Any application for a club premises certificate must be made to the relevant
(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
(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”),
(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) the steps which it is proposed to take to promote the licensing
(e) such other matters as may be prescribed.
(6) Regulations may—
(a) require an applicant to advertise the application within the prescribed
(i) in the prescribed form, and
(ii) in a manner which is prescribed and is likely to bring the
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
(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—
(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
with the application subject only to—
(a) such conditions as are consistent with the club operating schedule
accompanying the application, and
(b) any condition which must under section 72 be included in the
(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
(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 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
the licensing objectives, and
(ii) any condition which must under section 72 be included in the
(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.
(5) For the purposes of subsection (4)(a)(i) the conditions mentioned in subsection
(2)(a) are modified if any of them is altered or omitted or any new condition is
(6) For the purposes of this section, “relevant representations” means
(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 (7).
(7) The requirements are—
(a) that the representations were made by an interested party or
responsible authority within the period prescribed under section
(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.
(8) Where the authority determines for the purposes of subsection (7)(c) that any
representations are frivolous or vexatious, it must notify the person who made
them of the reasons for its determination.
(9) 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.
72 Mandatory conditions: door supervision
(1) Where a club premises certificate includes a condition that at specified times
one or more individuals must be at the premises to carry out a security activity,
the licence must include a condition that each such individual must be licensed
by the Security Industry Authority.
(2) But nothing in subsection (1) requires such a condition to be imposed—
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the
Private Security Industry Act 2001 (c. 12) (premises with premises
licences authorising plays or films), or
(b) in respect of premises in relation to—
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that
Schedule (premises being used exclusively by club with club
premises certificate, under temporary event notice authorising
films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule
(occasions prescribed by regulations under that Act).
(3) For the purposes of this section—
(a) “security activity” means an activity to which paragraph 2(1)(a) of that
Schedule applies, and
(b) paragraph 8(5) of that Schedule (interpretation of references to an
occasion) applies as it applies in relation to paragraph 8 of that
73 Prohibited conditions: associate members and their guests
(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.
(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
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
(2) But subsection (1) does not prevent a licensing authority imposing, in
accordance with section 71(2)(a) 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
(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
(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
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
(a) the applicant,
(b) any person who made relevant representations in respect of the
(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