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Licensing Bill [HL]


Licensing Bill [HL]
Part 4 — Clubs

    40

 

                    “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,

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           (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,

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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

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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,

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           (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,

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           (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

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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

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human health,

           (f)           any licensing authority (other than the relevant licensing authority) in

whose area part of the premises is situated,

           (g)           in relation to a vessel—

                  (i)                 a navigation authority (within the meaning of section 221(1) of

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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,

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                  (iii)               the British Waterways Board, or

                  (iv)                the Secretary of State,

           (h)           a person prescribed for the purposes of this subsection.

 

 

Licensing Bill [HL]
Part 4 — Clubs

    41

 

     (5)    For the purposes of this section, “statutory function” means a function

conferred by or under any enactment.

 70    Other definitions relating to clubs

In this Part—

                      “secretary”, in relation to a club, includes any person (whether or not an

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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

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                  (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

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 71    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

licensing authority.

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     (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,

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           (b)           a plan of the premises to which the application relates, in the prescribed

form, and

           (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—

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           (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

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open to members and their guests,

           (d)           the steps which it is proposed to take to promote the licensing

objectives, and

           (e)           such other matters as may be prescribed.

     (6)    The Secretary of State must by regulations—

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           (a)           require an applicant to advertise the application within the prescribed

period—

                  (i)                 in the prescribed form, and

 

 

Licensing Bill [HL]
Part 4 — Clubs

    42

 

                  (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

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prescribed period,

           (c)           prescribe the period during which interested parties and responsible

bodies may make representations to the relevant licensing authority

about the application.

 72    Determination of application for club premises certificate

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     (1)    This section applies where the relevant licensing authority—

           (a)           receives an application for a club premises certificate made in

accordance with section 71, and

           (b)           is satisfied that the applicant has complied with any requirement

imposed on the applicant under subsection (6) of that section.

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     (2)    Subject to subsection (3), the authority must grant the certificate in accordance

with the application subject only to such conditions as are consistent with the

club operating schedule accompanying the application.

     (3)    Where relevant representations are made, the authority must—

           (a)           hold a hearing to consider them, unless the authority, the applicant and

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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.

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     (4)    The steps are—

           (a)           to grant the certificate subject to the conditions mentioned in subsection

(2) modified to such extent as the authority considers necessary for the

promotion of the licensing objectives;

           (b)           to exclude from the scope of the certificate any of the qualifying club

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activities to which the application relates;

           (c)           to reject the application.

     (5)    For the purposes of subsection (4)(a) the conditions mentioned in subsection

(2) are modified if any of them is altered or omitted or any new condition is

added.

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     (6)    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 (7).

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     (7)    The requirements are—

           (a)           that the representations were made by an interested party or

responsible authority within the period prescribed under section

71(6)(c),

           (b)           that they have not been withdrawn, and

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Licensing Bill [HL]
Part 4 — Clubs

    43

 

           (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

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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.

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 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

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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

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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

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plays which may be performed, or the manner of performing plays, under the

certificate.

     (2)    But subsection (1) does not prevent a licensing authority imposing, in

accordance with section 72(2) or (3)(b), 83(3)(b) or 86(3), any condition which it

considers necessary on the grounds of public safety.

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 75    Grant or rejection of application for club premises certificate

     (1)    Where an application is granted under section 72, the relevant licensing

authority must forthwith—

           (a)           give a notice to that effect to—

                  (i)                 the applicant,

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                  (ii)                any person who made relevant representations in respect of the

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.

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     (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 72(3)(b).

 

 

Licensing Bill [HL]
Part 4 — Clubs

    44

 

     (3)    Where an application is rejected under section 72, 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

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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

72(6).

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 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—

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           (a)           specify the name of the club and the address which is to be its relevant

registered address, as defined in section 181(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

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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

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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

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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.

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     (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.

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