Sports club reveals crack in new Act
There are several unforeseen effects of the new legislation which are slowly appearing, as people take a closer look at it. I have had an e-mail from a sports club in the West Midlands asking about the new law and its effect on the club. About 90% of its trade comes from sporting members and opposing teams playing matches against the club. These opponents are currently admitted as visitors under what is now section 49 of the Licensing Act 1964. The club's rules provide for visitors to be entertained, and the magistrates have accepted this. This club is one of hundreds, if not thousands, which will have to look at its status in future. Because as far as I can see, section 49 is not replicated in the new Act. What does this mean in practice? Clubs that currently operate under a certificate of registration will be required to switch to a new-style club premises certificate if they wish to continue under a similar system. But rather cunningly, the Department of Culture, Media & Sport has tightened the conditions under which clubs are forced to operate. As far as the admission of visitors is concerned, all that remains is a right for clubs to supply alcohol to their members, guests and "associates" members of another bona fide club which meets the qualifications for registration. This may not be enough, because visiting sports teams are not necessarily all in that category, and are certainly not associates of the host club. So there is a real problem over the admission of away teams. The only satisfactory solution seems, to me, for clubs of this type to consider switching to a premises licence, while retaining their club status. This does not turn them into pubs, of course, but it does mean that they will be allowed to sell to non-members and can continue with that important revenue-earner of hiring out premises from time to time. If they stay registered, then they are limited by the operation of the new system to 12 outside events a year. I am quite sure that this squeeze is deliberate, as I saidearlier in the year. It remains to be seen whether Scotland "bites the bullet" on this issue, as the Nicholson Report recommended, and compels all types of club both members' and proprietary to obtain a premises licence in future.
