| Licence summary |
Club Premises Certificates are licences which authorise
qualifying clubs to use club premises for "qualifying club
activities" which are:
- the supply of alcohol by or on behalf of a club to a member for
consumption on the premises
- the sale by retail of alcohol by or on behalf of a club to a
guest of a member for consumption on the premises, and
- the provision of regulated entertainment by or on behalf of a
club for its members and guests.
The Licensing Act 2003 requires any sale or supply of alcohol
and/ or licensable activities in clubs to be authorised, by way of
a Club Premises Certificate. Un-authorised activities may
result in a significant fine, and imprisonment.
We issue Club Premises Certificates for qualifying clubs,
established in the Malvern Hills area.
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| Eligibility Criteria |
Definition of a Qualifying Club
There must be an interval of at least two days between a
member’s nomination /application for membership and their
admission. There must be at least 25 members, and we will
confirm whether clubs are established and conducted in ‘good
faith'.
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 alcohol purchased for and supplied by the
club is done under the control of the members or a committee of
members.
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| Regulation Summary |
A summary of the
eligibility criteria for this licence
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| Application Evaluation
Process |
A qualifying club can apply for a club premises certificate for
any premises which are occupied and used regularly for club
purposes.
Applications should be made to the local licensing authority,
which will be the local authority where the premises are
situated.
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, and
- any other information that is required.
If there any alterations to the rules or name of the club, or to
the registered address of the club, the club secretary must give
details to the local licensing authority. If a certificate is in
place this must be returned to the licensing authority for
amendment.
A club may apply to a local licensing authority to vary a Club
Premises Certificate. The certificate should accompany the
application.
For more information about making an application or varying an
existing certificate please visit our Licensing Act
2003 page.
The local licensing authority may inspect the premises before an
application is considered.
Fees are set by
Government, and are payable for any type of application relating to
a club premises certificate.
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| Will Tacit Consent Apply? |
Yes. This means that you will be able to act as though your
application is granted if you have not heard from the local
authority by the end of the target completion period (90 days).
You can contact us online
here if you applied through the UK Welcomes service or contact
us (details below)
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| Apply online |
Online facilities are now available through the national
"Business Link" website:
- Apply for a club
premises certificate
- Apply for a minor
variation to an existing club premises
certificate
- Tell us about a
change to club details or club rules
- Tell us about a
change to an existing club premises
- Make
annual maintenance payment through Business Link for a club
premises certificate
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| Apply by post |
Telephone or e-mail us to ask for an application form, or
download an application form. Send the completed form with
application fee and proof of insurance to us at the Licensing
Department, Malvern Hills District Council, The Council Offices,
Avenue Road, Malvern, Worcestershire, WR14 3AF |
| Guidance |
For more information about making an application or varying an
existing certificate please visit our Licensing Act
2003 page: you will find a factsheet and links to download
application forms (or you can use the online facilities available
on this page). Please print downloaded forms, fill them in
and return with the correct fee and
accompanying documents specified in the notes.
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| Failed Application
Redress |
Please contact us 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
the local licensing authority.
If an application is rejected, the applicant may appeal the
decision: Appeals must be made to the local Magistrates' court
within 21 days of the decision appealed.
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| Licence Holder
Redress |
Please contact us, in the first instance.
If a local licensing 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.
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| Consumer
Complaint |
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, Consumer Direct 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 local
licensing authority 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.
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| Other Redress |
Anyone suffering nuisance due to noise, smells or similar
because of a commercial premises should contact Worcestershire
Hub phone number 01684 862151
Any interested party may make representations to the local
licensing authority before a Club Premises Certificate is granted
or before amendments to such a certificate are granted. If relevant
representations are made during the consultation period, and
not withdrawn, a hearing will be held to determine the
application in the light of the relevant representations, the
Secretary of State's Formal Guidance, the Licensing Act 2003 and
our statement of licensing
policy. Objectors (or their representatives) are expected
to attend the hearing.
After a hearing, we will write to all parties, detailing our
decision and the reason for it.
An interested party is:
- a person living in the vicinity of the premises,
or
- a person involved in a business in the vicinity
of the premises
At any time after a Club Premises Certificate has been granted,
an interested party may ask the Licensing Authority
to "Review" the club premises certificate. If the request
is accepted, a review hearing will result at which all parties
present evidence, and the Authority can take a range of actions
ranging frmo no action, to removal or all or part of the Club's
authorisation, or imposition of conditions. The local
licensing authority will give reasons for their response to the
application in a notice.
An interested party 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 also be made.
Appeals must be made to the local Magistrates' court within 21
days of the decision appealed.
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| Trade Associations |
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