Legal Advice: Pubs, clubs and the Licensing Act
By David Clifton of thePublican.com's team of legal experts from London solicitors Joelson Wilson.
The Joelson Wilson team have been holding seminars and workshops on the Licensing Act 2003. One of the most common questions is what the difference will be between pubs and members' clubs.
The new Act preserves in principle the special treatment enjoyed by registered members clubs. A club can apply for a club premises certificate rather than the premises licence every pub needs as long as it qualifies under the 2003 Act.
The advantages are:
- it will be able to supply alcohol to members and their guests without any member or employee of the club needing to hold a personal licence
- there will be no requirement to specify a designated premises supervisor
- the police (and other authorised persons) will have more
limited rights of entry - the club premises will not generally be subject to police powers of instant closure on grounds of disorder and noise nuisance
- it will not be subject to potential orders by magistrates courts closing all licensed premises in the area when disorder occurs or is expected, for example, in advance of a football match.
A more relaxed regime applies over equal chance gaming onclub premises and, in particular, the right is reserved to apply for registration under Part 3 of the Gaming Act 1968 (enabling provision of jackpot gaming machines).
However, what many regarded as a loophole is being closed.
Under existing licensing legislation, registered members clubs have the freedom to sell or supply alcohol to under-18s and to allow them to consume it on the premises. The 2003 Act puts a stop to this.
