The Licensing Act 2003 requires Middlesbrough Council to produce a licensing policy. This policy sets out how the council expects the licensing objectives, defined by the Act, to be promoted in the local area, and provides guidance on matters which will normally be taken into account when making decisions on licensing applications.
|Registration of club premises|
To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate from the council.
In a qualifying club there is technically no sale by retail of alcohol (except to guests of members) 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.
Clubs must be qualifying clubs (as set out in the Licensing Act 2003). A qualifying club has general conditions it must satisfy:
Additional conditions in relation to the supply of alcohol must be complied with. These conditions are that:
Registered industrial and provident societies and friendly societies will qualify if the alcohol which 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.
A club can apply for a club premises certificate for any premises which are occupied and used regularly for club purposes. If the premises is located in Middlesbrough, your application should be sent to Middlesbrough Council.
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) which includes information on:
Applicants are required to advertise their application and to give notice of the application to other responsible authorities. Contact details of these authorities can be obtained from the guidance section.
If there are 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 a local licensing authority to vary a certificate. The certificate should accompany the application.
Fees may be payable for any type of application relating to a club premises certificate. Current fees can be obtained from the guidance section.
The licensing authority must grant the application, following the statutory consultation period, if no representations are received. A hearing must be held within 28 days after the end of the consultation period if any representations are made in respect of the application. If a hearing is held, the licence can be granted, granted subject to additional conditions, certain licensable activities listed in the application can be excluded, or the application can be rejected.
|Read more about the relevant legislation.|
|How to apply|
Download and fill in the appropriate application form and return it to the Licensing service.
|What happens next?|
You won't be able to begin operating your business until you've had a response from the council. If you have not heard from the council within 28 days, please contact us.
The local licensing authority may inspect the premises before an application is considered.
Please contact the Licensing department on 01642 726001 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.
Any interested party may make representations to the local licensing authority 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 local licensing authority detailing the reasons for any outcome. Interested parties who made representations will receive notice of a failed application.
An interested party is:
An interested party may request a review of the club premises certificate. 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 be made.
Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.
If you are a customer of a licensed/registered premises and wish to complain about the service or products sold we would advise you to contact the trader in the first instance to resolve the matter.
|Federation of Licensed Victuallers Associations (FLVA)|