ChatterBank2 mins ago
Licensed clubs
Is a licensed club in England required to keep a register
of members? If so, what is the relevant legislation and must such a register be kept on the premises?
of members? If so, what is the relevant legislation and must such a register be kept on the premises?
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I presume your question is about licensing for alcohol but, before answering, I need some more information. Are we talking about a Members Club which is run by and for the benefit of members? Or is it a Commercial Club which is owned by someone for their own profitbut is run with a membership list? This is important.
OK, then it will probably not be licensed in the accepted sense of the word. Simply, the Licensing Act of 2003 set up a procedure for Premises Licences (for pubs, commercial clubs, refreshment premises, etc) and Club Premises Certificates for those clubs run for the benefit of members. The difference is because members clubs do not sell alcohol to people like pubs do. The alcohol is all already owned by the members and, when they give money over for a pint or glass of wine, they are not buyng it but paying to replenish the stock. Because of this special arrangement, clubs must abide by the rules of the club and the committee is responsible for ensuring that everything is done properly. They must make sure that no one enjoys the benefits of membership unless notice of membership is given 48 hours before it is actually granted. In these circumstances, a club which does not keep a list of members cannot operate lawfully and would lose its club qualifying status. Section 62(5) of the Act also requires that the club has at least 25 members in order to qualify for "club" status. Although the Act does not require a list to be kept, there will undoubtedly be a requirement in other legislation and/or the club rules to this effect. Either way, a club which did not have a list of members would not be much of an organisation and risked challenge as to its status.
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