Club premises certificates

The Licensing Act 2003 requires that the sale or supply of alcohol, provision of regulated entertainment or late night refreshment in any members club are subject to a club premises certificate.

Details of service:

A Club Premises Certificate is required by any qualifying club that undertakes "qualifying club activities", as defined in part 4 of the Licensing Act 2003.

If a club is not a qualifying club under the 2003 Act or also undertakes "licensable activities" (defined in part 3 of the 2003 Act), an application for a new premises licence will be required.

All qualifying clubs wishing to serve alcohol or provide regulated entertainment are required to have a Club Premises Certificate. Please note that the law changed significantly from 2005 and entertainment in clubs is a regulated activity under the legislation and all applications should include it if entertainment is provided.

Any extensions of hours or temporary events at the club premises, or other premises being used by the club for regulated activities should be the subject of temporary event notices - please see the temporary events link to the left.

What activities does a certificate permit?

A club premises certificate is required for any premises where any of the following take place:

• supply of alcohol to members and bona fide guests
• regulated entertainment

Regulated entertainment is defined as:

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• anything similar to music or dancing

A club premises certificate will not authorise the sale of alcohol or provision of regulated entertainment or late night refreshment to anyone who is not a member of the club or who is not a bona fide guest under the rules of the club. If such sales or provision are anticipated, either premises licence should be obtained or a temporary event notice given.

Mandatory Conditions

All club premises certificates are potentially subject to one or more of the Mandatory Conditions, specified under sections 73, 73A, 73B and 74 of the Licensing Act 2003. These relate to the sale and supply of alcohol and the exhibition of films, and appear on individual certificates. Section 32 and schedule 4 of the Policing and Crime Act 2009 gives the Secretary of State power to specify additional Mandatory Conditions.

From 6 April 2010, 1 October 2010, and 28 May 2014 further Mandatory Conditions have been imposed by the Government on premises selling or supplying alcohol. They are as follows:

1. Irresponsible promotions - effective from 6 April 2010 (on sales/supply only)
2. Alcohol dispensed directly into the mouth - effective from 6 April 2010 (on sales/supply only)
3. Free tap water for customers - effective from 6 April 2010 (on sales/supply only)
4. Age verification policy - effective from 1 October 2010 (on and off sales/supply)
5. Choice of small measures - effective from 1 October 2010 (on sales/supply only)
6. Prohibition of the sale of alcohol at a price below the total of duty plus VAT - effective from 28 May 2014 (on and off sales/supply)

Set out below are links to a note advising of the mandatory conditions, a calculator for duty plus VAT, the Home Office's updated Statutory Guidance, guidance on selling alcohol responsibly and good practice examples and an example of an age verification policy. Further guidance on the mandatory conditions appears on the Home Office web site. 

Please note that the mandatory conditions are effective whether or not they physically appear on your certificate.

Further information

Detailed information on making applications is available in the guidance notes. They are not a substitute for prospective applicants obtaining their own specialist legal advice. The licensing team cannot provide legal advice about your application.

Application forms, as prescribed by the legislation, are also available, as is a list of the fees and the responsible authorities who should be consulted prior to applications being made, particularly those for variation or new licences, and who will need to be served with copies of applications.

Please select the relevant application form, save to your PC, complete, print and return to the Licensing Team together with all required accompanying documents.

Please note that these functions are administered by Southampton City Council's licensing team on behalf of Eastleigh Borough Council.

General Data Protection

The Council has a duty to protect the public funds it administers and may use the information you have provided or share it with other bodies for the purpose of preventing and detecting fraud. This includes participation in the Cabinet Office National Fraud Initiative. The National Fraud Initiative (NFI) is an exercise that matches electronic data within and between public and private sector bodies to prevent and detect fraud.

Please see our full privacy policy at https://www.eastleigh.gov.uk/privacy

Contacting the Licensing Team
Please note that these functions are administered by Southampton City Council's licensing team on behalf of Eastleigh Borough Council. 

Email: licensing@eastleigh.gov.uk
Telephone: 023 8083 3002 (option 4, then option 1) 

Address:
Licensing Team 
Southampton and Eastleigh Licensing Partnership 
Civic Centre 
Southampton 
SO14 7LY

Opening hours:
Members of the Licensing Team are normally available on weekdays at the Civic Centre, Southampton, from 9am to 12pm and from 2pm to 4pm to assist personal callers.