Club premises certificate

A Club Premises Certificate is granted to authorise the premises to be used for licensable activities, namely:

• The supply and sale by retail of alcohol
• The provision of regulated entertainment

The legislation (the Licensing Act 2003) provides a clear focus on four statutory objectives, which must be addressed when licensing functions are undertaken. These are:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

Each objective is of equal importance. It is important to note that there are no other licensing objectives, so that these four objectives are paramount considerations at all times.

• Apply for a Club Premises Certificate

Who can apply

Only qualifying clubs may hold Club Premises Certificates. In order to be a qualifying club, a club must meet five general conditions:

• Under the rules of the club, persons may not be admitted to membership, or be admitted, as candidates for membership, to any of the privileges of membership, without an interval of at least two days between their nomination or application for membership and their admission
• Under the rules of the club, persons becoming members without prior nomination or application may not be admitted to the privileges of membership without an interval of at least two days between their becoming members and their admission
• The club is established and conducted in good faith as a club
• The club has at least 25 members
• That alcohol is not supplied, or intended to be supplied, to members on the premises otherwise than by or on behalf of the club

A club may apply for the grant of a Club Premises Certificate in respect of any premises which are occupied by, and habitually used for the purposes of, the club.

How to apply

An application for a Club Premises Certificate must be made to the Licensing Authority for the area in which the premises is situated. The application must be accompanied by:

• The required fee
• A club operating schedule
• Plan of the premises
• A copy of the rules of the club
• Confirmation that the application has been simultaneously served to the appropriate responsible authorities

Apply online

• Apply for a Club Premises Certificate
• Vary a Club Premises Certificate
• Apply for a minor variation to a Club Premises Certificate
• Notify us of a Change of Details/Club Rules

Apply by post

You are still able to apply by post. Application forms can be found on the GOV.UK website. You will need to send copies of your application to the Responsible Authorities. The application evaluation process detailed above applies. If you would prefer to apply by post and would like an application pack, then please contact the Licensing Team on 020 8831 6455 or by email on licensing@merton.gov.uk.

What happens next

The Responsible Authorities have 28 consecutive days to consider the application served upon them. Members of the public/interested parties also have a 28-day period within which to consider making a relevant representation - see 'Representations' below.

Where no objections or relevant representations are made by Responsible Authorities or Interested Parties, the Licensing Authority must grant the Club Premises Certificate on the 29th consecutive day subject only to the Mandatory Conditions and the Operating Schedule.

Will tacit consent apply?

Yes. Tacit consent applies to a Premises Licence application if no relevant representations are made during a period of 28 days after the notice has been put on the premises. This target date is known as the ‘last date for representation’. The application will be deemed to have been granted the day after the last date for representation. You will be sent your licence within 15 working days of the grant.

If relevant representations are made within the 28 day advertising period tacit consent does not apply and a public hearing must be held to determine your application. The public hearing will be held within 20 working days after the last date for representation. The hearing date may be extended if the Licensing Authority considers it is in the public interest to do so.

Applicants should be aware that the timescales for processing an application do not start until all the necessary information has been received in full.

Because the timescales for processing a licence start once the necessary information has been submitted, rather than received, where tacit consent is applicable, it will only apply for applications that are submitted electronically or when the applicant can show proof of delivery from a post office or recognised courier.

Representations

A hearing on an application will only occur where non-frivolous or non-vexatious objections or representations from Interested Parties or Responsible Authorities are received:

Interested Parties are businesses or residents in the vicinity of the premises and bodies representing businesses or residents in the vicinity. Ward Councillors are also interested parties whether or not they live in the vicinity of the premises.

However, these representations must be considered by the Licensing Authority to have an impact on the promotion of one or more of the four statutory licensing objectives (see Legislation section above).

It is important to note that representations can be negative (objection) or positive (in support) of the application and must be made in writing or by email (see Contact Information below).

Mediation

Mediation is successful where all parties, i.e. the applicant, all parties making relevant representations and with the agreement of the Licensing Authority; agree that the reasons for representation have been overcome and that these may be reflected in the licence issued, i.e. the Operating Schedule/licence conditions.

Hearing

Mediation unsuccessful

Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant, responsible authorities and interested parties at least 10 working days before the day of the hearing.

The applicant and parties described above must give notice to the Licensing Authority at least 2 working days before the start of the hearing stating:

• Whether they will attend the hearing in person
• Whether they will be represented by someone else (e.g. lawyer / councillor / MP)
• Whether they think a hearing is unnecessary (if, for example an agreement has been reached before a formal hearing)
• Any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application

What action is available to the licensing sub-committee

When a hearing is held, the committee must take such steps as it considers necessary for the promotion of the licensable objectives. These are:

• Grant the certificate subject to:
  • The conditions volunteered in the operating schedule, modified to such extent as the committee considers necessary for the promotion of the licensing objectives
  • Any mandatory conditions
• Exclude from the scope of the certificate any of the qualifying club activities to which the application relates;
• Reject the application

Determination

Where an application is either granted or rejected, the Licensing Authority will give a notice to that effect to the applicant, relevant Responsible Authorities and Interested Parties having made a successful representation and the Chief Officer of Police for the area in which the premises is situated. Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the application.

Appeal

Right of appeal exists to the Magistrates' Court for the applicant, relevant responsible authorities and interested parties and must be lodged with the Court within 21 consecutive days of the date on which the appellant was notified of the decision by the Licensing Authority.

The longest possible expected timescale for the determination of the grant of a Club Premises Certificate, where a hearing proceeds, is 91 consecutive days (excludes the appeals process).

Contact the Licensing Team

If you have any questions or comments please contact Licensing

Licensing

2nd Floor
Civic Centre
44 York Street
Twickenham
TW1 3BZ

Email: licensing@merton.gov.uk