Club premises certificate

A Guide to the Licensing Act 2003: Registered clubs

The following information will help you to complete an application for a licence for a registered club.

The information is provided as guidance only and is not intended to be either a comprehensive nor exhaustive explanation of the requirements and obligations arising out of the Licensing Act 2003.

It is the responsibility of the applicant / licensee to become acquainted with and observe the statutory requirements in respect of all activities, entertainments and undertakings the subject of any licensing application.

You will require a licence if you offer regulated entertainment at your premises.

What do I need a Licence for?

A licence is required for the following activities:

What is regulated entertainment?

The following types of entertainment are subject to regulation:

  1. Plays
  2. Film exhibitions
  3. Indoor sporting events
  4. Boxing or wrestling exhibitions
  5. Live music (including karaoke)
  6. Recorded music
  7. Dancing by the public or performers
  8. Any entertainment similar to that described in 5,6 or 7 above.

But only where:

Do I need a licence for music in small premises?

A licence is still required for regulated entertainment, even in small premises. However, no conditions on the licence relating to music entertainment shall apply between 8.00am and midnight provided that:

the Council specifies the conditions are necessary to prevent crime and disorder or for public safety reasons.

However, conditions imposed as a result of something which was stated in the operating schedule still apply for small premises under any circumstances.

Do I need a licence if I am providing entertainment facilities?

A licence for regulated entertainment is required, even if only providing facilities for making music, dancing or entertainment of a similar description.

This means, for example, that a licence is required for:

When do I not require a licence for regulated entertainment?

What is incidental entertainment?

Incidental entertainment is entertainment provided not as the main purpose of the event. This can be a difficult area and if necessary the applicant should contact their own legal adviser for further advice. Examples of incidental entertainment are:

What are Qualifying Clubs?

Qualifying clubs are organisations where members have joined together for particular social, sporting or political purposes and supply alcohol for members and their guests only. Some common examples include Labour, Conservative and Liberal Clubs, the Royal British Legion, other ex-services clubs, working men's clubs, miner's welfare institutions and social and sports clubs.

To be a Qualifying Club applicants must comply with the following rules:

Under the Licensing Act 1964, qualifying clubs could sell alcohol to minors. The sale or supply of alcohol to children in these clubs is now unlawful under the new Act and cannot take place. In order to supply alcohol on the premises, the applicant must also meet the following conditions:

What does "conducted in good faith" mean?

The following factors must be considered when deciding whether a Club is conducted in good faith:

Where the Council is not satisfied that a Club is being conducted in good faith, it must give notice of its decision and the reason for it.

What are the benefits of being a Qualifying Club?

What if I let out a room for private hire?

A room cannot be made available for private hire for licensable activities to non-members under the terms of your Club Premises Certificate.

Where hiring is proposed, either a Temporary Event Notice must be obtained (subject to the limits stated below) or a Premises Licence for the room itself.

Other areas within the premises may operate under the Club Premises Certificate (for the times it is operating as a Qualifying Club). The function room may operate under a Premises Licence, which may be used on those occasions when the room was hired out. A Personal Licence Holder must be present to be on the premises for the times when alcohol is sold to non-members.


What about one off events and special occasions?

If a licensable activity falls in to one of the following categories:

the event can be authorised by submitting a Temporary Event Notice (TEN) to the Council.

The notice allows a licensable activity to take place on premises that are not currently licensed, or to hold activities that an existing licence does not permit. This would include for example:

Are there any restrictions on TENs?

Where the event/activity falls outside these restrictions, a full Premises Licence will be required.

Where the number of TEN's applied for exceeds the limits above, the Council must serve a counter notice prohibiting the event from going ahead. This must be served at least 24 hours before the event.

Where the Police and Environmental Health do object, a public hearing will be held in front of the Licensing Sub Committee to determine the application (unless all parties can agree a hearing is unnecessary). The Committee will listen to and consider representations from all parties before determining whether the event can go ahead. If an objection is made to a TEN the Licensing Authority may impose conditions if appropriate to do so. However, Government guidance requires that the Council refuse permission for the event in such circumstances unless there are exceptional reasons not to do so.

What about outdoor events?

An outdoor space is still regarded as "premises" under the Act and event organisers must give notice for any licensable activities held in the open air. Where the event is for more than 500 persons, a Premises Licence will be required. A Premises Licence may be granted to have effect for a limited duration, e.g. for a one day festival.

Small outdoor events of 500 persons or less can be dealt with by way of a Temporary Event Notice. For further information refer to Temporary Event Notice above.

Last Updated: 18/07/2016