Special occasions
Under the old system, clubs could use a ‘section 49’ rule to allow non-members to make use of the club on selected occasions. Sometimes the police tried to limit it to 12 events a year, but some clubs had a great many more than that.
Now, clubs holding a club premises certificate will need a Temporary Event Notice if they wish to hold non-member or public events on the premises, or extend their usual hours of operation. They are said to be limited to 12 in any calendar year, but they can improve this by the simple device of applying for different parts of the club premises on different occasions. The revised Guidance from the Department for Culture Media and Sport makes it clear that a TEN can be applied just to a section of the premises at any one time. So some canny clubs could have an extended event every week during the year.
Who’s in charge?
In a licensed club, there must be a Designated Premises Supervisor (DPS) who must hold a Personal Licence. This is usually the manager, but it could be the head of bar and catering, or even a committee member. The point to remember is that a club operating under a club premises certificate does NOT need a DPS, as the alcohol and entertainment is under the control of the committee. But if the law is broken, any member of the bar staff, or the committee, who has overall control of the activity, could be prosecuted.
Peter Coulson LL.B is Legal Adviser to the BICM and an expert on club and licensing law. The third edition of his popular book ‘Questions & Answers on Club Law’ is due to be published during 2007
For further information or advice, please contact:-
The Route Organisation
2 Winmarleigh Street,
Warrington
Cheshire WA1 1NB
Tel: 0870 112 6623
Fax: 0870 112 6624
E-Mail info@routeorg.co.uk
Young people
The biggest change has been in the law concerning children. Previously, it was not illegal for those under 18 to consume alcohol in the club, although it was often prohibited under the club rules. Now it is the law, and there are severe penalties for allowing it to happen, or for supplying alcohol to youngsters. Similarly, children under 16 must be accompanied when in the club, not necessarily by a parent but by a responsible adult. A youth team, for example, could be under the control of their coach. But if supplies of alcohol are made to them, the member or employee who made the sale could be in serious trouble.
Under the microscope
One of the main complaints from clubs since the change is the interference from local authorities, who used to have little or nothing to do with club activities. Apart from the complex forms, they are now able to inspect premises and impose requirements on the committee. All entertainment for an audience is now regulated, which it was not previously. Safety rules can be expensive and time consuming to follow. So on balance the club trade feels less free than it did before, albeit with the chance of longer bar hours where needed.