Club Premises Certificate, TENS & sale of drinks to non-members
Club Premises Certificate, TENs & sale of drinks to non-members
Whilst there is no specific renewal date for a Club Premises Certificate, an annual fee is payable to the local Licensing Authority in order for the Certificate to remain in force. Clubs should therefore look out for any annual fee invoice received from their local Licensing Authority and ensure that it is paid promptly, as failure to do so may result in the Certificate being suspended.
A Temporary Event Notice (TEN) allows clubs to hold events which are open to the public, such as open days and beer festivals, or private events which are not promoted by members.
Clubs are permitted to apply for up to 15 Temporary Event Notices per calendar year, subject to the statutory limits on duration, attendance and total days.
Where a member holds a private event and invites their own guests, a Temporary Event Notice will not normally be required, provided the event falls within the scope of the Club Premises Certificate. Reference should also be made to the section below dealing with the sale of drinks to non-members.
Where an event is promoted by a non-member, or where the club is effectively being hired by an outside organisation, a Temporary Event Notice will normally be required.
The subject of non-member activities within registered private members’ clubs has become increasingly important, as almost all clubs now rely, to a greater or lesser extent, on income generated from the sale of drink at private functions promoted by either individual members or outside organisations.
Under the Licensing Act 2003, members’ guests introduced on a normal day-to-day basis are permitted to purchase drinks. While the rules of many clubs historically restricted such sales, the legislation allows alcohol to be supplied to non-members who are genuine guests of members.
Accordingly, drink may be supplied lawfully to a non-member attending an event promoted by a member, provided the non-member is a bona fide guest of that member and has been properly admitted to the club in accordance with the club’s rules.
A Club Premises Certificate does not prevent events such as barbecues, funerals and parties being held where a room is hired for non-members, provided the organiser is a member and those attending are therefore classed as that member’s guests. The Licensing Act 2003 places no limit on the number of guests that a member may introduce at any one time.
There is no legal reason why a member of a private members’ club cannot hold an event at the club and invite a large number of non-members to attend. The requirement that guests be “signed in” is usually a matter of club rules rather than legislation. The legislation itself simply requires that all persons present in the club are either members or guests of members.
In practice, club governing bodies such as the CIU and ACC recommend the use of a guest signing-in book as a sensible means of evidencing compliance, particularly in the event of a licensing inspection. While this goes further than the legislation strictly requires, it provides a clear audit trail.
The Licensing Act 2003 defines the supply of alcohol to members or guests as follows:
Section 70 – Supply of alcohol to members or guests “means, in the case of any club—
(a) the supply of alcohol by or on behalf of the club to, or to the order of, a member of the club; or
(b) the sale by retail of alcohol by or on behalf of the club to a guest of a member of the club for consumption on the premises where the sale takes place.”
The Act does not place any further statutory restrictions on the definition of a guest. Accordingly, provided that persons within the club can properly be regarded as members or the guests of members, alcohol may be supplied lawfully under the Club Premises Certificate.