Pub and club licence puzzle

I was intrigued to read recently about one of the first reviews of a club premises certificate.

There have been reviews of licences, of course, but only a couple involving members' clubs so far. In the latest case, the suggestion from the police on the conditions they want imposed, if the certificate is to continue, is that a personal licence holder must authorise all sales of alcohol.

Hang on a minute! A personal licence holder is only required for licensed premises. That was one of the main distinctions that the Department for Culture Media & Sport were keen to point out as the Licensing Bill went through Parliament. Control of the supply of alcohol on club premises, they pointed out, was vested in the club committee. For the same reason there is no designated premises supervisor. There is collective responsibility.

Apparently not in Poole. The police line is that although such a condition is not mentioned anywhere in the Guidance or in the Act, neither is it unlawful. On review of the licence, the authority can attach such conditions as they feel are appropriate.

Well, to an extent. What they can't do, it seems to me, is to re-write the Act in the process, by going outside the licensing structure as agreed by Parliament. Otherwise, they could justify any type of condition on the grounds that it is not specifically prohibited by the legislation.

It also raises questions as to who then becomes responsible for the supplies of alcohol to members. In general, there are no sales as such in a members' club, because the members themselves own the stock. Is the personal licence holder acting on behalf of the members, or in his own right? Does the part of the Act concerning a premises licence apply to such sales, or are they still covered by Part 4?

Presumably, if there was to be an illegal sale, then the personal licence holder could be prosecuted. But there is no premises licence holder in existence, so the sanctions against such a person could not be taken. Does the committee in future escape scot-free?

I doubt whether the club would appeal to the magistrates on this as a point of law and presumably the correctness of this decision will be argued by lawyers for months to come.