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Licensing Club Premises Certificate

This page can be referred to as
http://www.birmingham.gov.uk/LA2003clubapplication
http://www.birmingham.gov.uk/LA2003clubvariation
http://www.birmingham.gov.uk/LA2003clubruleschange
http://www.birmingham.gov.uk/LA2003clubminorvariation

Licence Summary
To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate from your local authority. In a qualifying club there is technically no sale by retail of alcohol (except to guests) as the member owns part of the alcohol stock and the money passing across the bar is merely a mechanism to preserve equity between members where one may consume more than another. In order to constitute a qualifying club you must also satisfy the various requirements set out in the Licensing Act 2003.

Eligibility Criteria
Clubs must be qualifying clubs. A qualifying club has general conditions it must satisfy. These are:

  • a person may not be given memberships or as a candidate for membership to any membership privileges without an interval of at least two days from their membership application or nomination and their membership being granted;
  • that club rules state that those becoming member without nomination or application cannot have membership privileges for at least two days between them becoming members and being admitted to the club;
  • that the club is established and conducted in good faith;
  • that the club has at least 25 members;
  • that alcohol is only supplied to members on the premises on behalf or by the club.

Additional conditions in relation to the supply of alcohol must be complied with. These conditions are:

  • that alcohol purchased for and supplied by the club is done by members of club who are over 18 years of age and are elected to do so by the members;
  • that no person at the expense of the club receives any commission, percentage or other similar payment in regard to the purchase of alcohol by the club;
  • that there are no arrangements for anyone to receive a financial benefit from supplying alcohol, apart from any benefit to the club or to any person indirectly from the supply giving a gain from running the club.

Registered industrial and provident societies and friendly societies will qualify if the alcohol is purchased for and supplied by the club is done under the control of the members or a committee of members.

Relevant miners' welfare institutes can also be considered. A relevant institute is one that is managed by a committee or board that consists of at least two thirds of people appointed or elevated by one or more licensed operators under the Coal Industry Act 1994 and by one or more organisations who represent coal mine employees. The institute can be managed by the committee or board where the board cannot be made up as detailed above but is made up of at least two thirds of members who were employed or are employed in or around coal mines and also by people who were appointed by the Coal Industry Welfare Organisation or by a body who had similar functions under the Miners' Welfare Act 1952. In any case the premises of the institute must be held on a trust as required under the Recreational Charities Act 1958.

Guidance and Advice
Detailed information including the licensing regulations, application forms, fees etc is available at https://www.gov.uk/alcohol-licensing

Regulations:-

Application Process
A club can apply for a club premises certificate for any premises which are occupied and used regularly for club purposes.

If the premises are situated within Birmingham, applications should be made to the licensing section - contact details indicated below.

Applications should be submitted with a plan of the premises which must be in a specific format, a copy of the rules of the club and a club operating schedule.

A club operating schedule is a document which must be in a specific format and which includes information on:

  • the activities of the club;
  • the times the activities are to take place;
  • other opening times;
  • if alcohol supplies are for consumption on or off the premises or both;
  • the steps that the club propose to take to promote the licensing objectives;
  • any other information that is required.

If there any alterations to the rules or name of the club before an application is determined or after a certificate is issued, the club secretary must give details to the local licensing authority. If a certificate is in place this must be sent to the licensing authority when they are notified.

If a certificate is in place and the registered address of the club changes the club must give notice to the local licensing authority of the change and provide the certificate with the notice.

A club may apply to the licensing section to vary a certificate. The certificate should accompany the application.

The local licensing authority may inspect the premises before an application is considered.

Fees may be payable for any type of application relating to a club premises certificate.

Application Form
The Birmingham City Council Application Forms are attached at the bottom of this page.

Once you have completed the relevant application form it can be submitted to the Licensing Section by a variety of means:

By Post - send completed applications to the address as indicated in the contact details below.
Postal applications must be accompanied by a cheque or postal order for the appropriate fee (see below) and made payable to 'Birmingham City Council'.

In Person - applications can be submitted in person at the address and during the times shown below under contact details.

By Email - completed applications can be submitted electronically by attaching the completed form and any associated supporting documents to the Licensing Section email address as indicated in the contact details below.
Please note that electronic applications submitted by email can only be accepted if there is a scanned signature on the application form. On receipt of your application by email a Licensing Officer will contact the applicant to acquire payment of the appropriate fee via a debit or credit card.

Online - alternatively if you are applying from within a European Member State you can apply on the business link website using the following link – Apply online - Licensing Act 2003 Club Premises Certificate Applications

Fee
Please check the Fees and Charges Schedule page for details of the cost of your application.

Processing Timescale
Our target for dealing with applications is determined by the statutory timescales as indicated in the regulations (please see link above under Guidance and Advice).

Tacit Consent - Grounds for Refusal
Tacit consent means that if we have not dealt with applications within the target period then the application can be deemed to have been granted/approved.

Tacit consent DOES apply in respect of the following:

  1. the application for a new club premises certificate;
  2. declaration for a Club Premises Certificate;
  3. application for a Variation to a Club Premises Certificate;
  4. notification of change of details or club rules;

However please note that tacit consent does NOT apply in respect of a Club Premises Certificate Minor Variation application as it is in the public interest that the licensing section considers and processes all applications.

Failed Applications
Please contact Licensing (contact details included below) in the first instance.

A failed applicant will receive notice of the refusal of an application for a certificate or variation of a certificate from Birmingham City Council Licensing. If an application is rejected, the applicant may appeal the decision.

If the authority refuses an application for a variation the licence holder may appeal the decision. A licence holder can appeal against a decision to put conditions on a certificate or to exclude any club activity. Appeals may also be made against the variation of any condition.

Appeals against the decision of a review can be made.

A club may appeal against the withdrawing of a certificate.

Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.

Complaints / Enquiries
Contact the Licensing Section - see contact details below.

Consumer Complaints
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice Bureau will give you advice. From outside the UK contact the UK European Consumer Centre.

A club member may request a review of the certificate. The licensing section will give reasons for their response to the application in a notice.

Appeals against the decision of a review can be made.

Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.

Making Representations
A responsible authority or other person may make representations to the licensing section (contact details indicated below) before the certificate is granted or before amendments to a certificate are granted. If representations are made a hearing will be held to consider the application and the representations. Notices will be made by the licensing section detailing the reasons for any outcome. Interested parties who made representations will receive notice of a failed application.

A responsible authority or other person may request a review of the club premises certificate. The licensing section will give reasons for their response to the application in a notice.

A responsible authority or other person may appeal if they argue that a certificate should not have been granted or that different or additional conditions or limitations on activities should have been made. They may also appeal against any variation of a condition.

Appeals against the decision of a review can be made.

Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.

Trade Associations
Federation of Licensed Victuallers Associations (FLVA)

Public Register
You can browse the Licensing Act 2003 Public Register which will enable you to view and conduct advanced searches on all Club Premises Certificates ISSUED by this authority including PENDING applications.

Contact
Licensing Section,
Crystal Court,
Aston Cross Business Park,
50 Rocky Lane,
Aston,
Birmingham
B6 5RQ
(Monday, Tuesday, Thursday: 9am - 4pm
Wednesday: 10am - 4pm, Friday: 9am - 3.30pm)

Telephone: 0121 303 9896
Fax: 0121 303 9982
e-mail: licensing@birmingham.gov.uk