New Club Premises Certificate (Alcohol)

An application for a certificate must be made to Torbay Council and will need to include:

Applications

You are able to apply online for application of New Club Premises Certificate and pay using our secure payment server:

Apply - Club Premises Certificate (A) (Online) opens in a new window

Pay - Annual Payment for a Club Licence (Online) opens in a new window

Notify - Change of Details or Club Rules (Online) opens in a new window

Alternatively, printable application forms can be downloaded. Forms are also available Connections offices in each town in the Bay and Roebuck House.

Apply - Licensing Act: Club Premises Certificate (A) (Printable)

Apply - Declaration for Club Premises Certificate (E) (Printable)

Apply - Review of Club Premises (Printable)

Once granted the Club Premises Certificate lasts for the life of the club and a renewal is not required, although an annual fee will be payable.

Plan

Regulations state that the plan of the premises must be in standard scale (1:100), unless previously agreed in writing with Torbay Council’s Licensing Section.

The regulations specify the plan must show:-

  1. the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
  2. the location of points of access to and egress from the premises;
  3. if different from (b), the location of escape routes from the premises;
  4. in a case where the premises is to be used for more than one licensable activity, the area within the premises used for each activity;
  5. fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;
  6. in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
  7. in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
  8. in the case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
  9. the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment; and
  10. the location of a kitchen, if any, on the premises.

The plan may be illustrated by the use of symbols on the plan with an appropriate key.

Operating Schedule

It is extremely important that an Operating Schedule is submitted with the application form.  Without one, the application will be rejected.  On page 12 of the application form are 5 boxes, which cover the Licensing Objectives.  You must write down the actions and conditions that you intend to undertake to address the 4 licensing objectives.  We have model conditions information on the website which will give advice on this.  This is also available by ringing the office on 01803 208120, where we have it available in Microsoft Word format too.

Advertisement of applications

In the case of an application for a club premises certificate, the applicant must advertise the application.

  1. For a period of no less then 28 consecutive days starting on the day after the day on which the application was given to Torbay Council, by displaying a notice,

    (i) which is:-
    of a size equal or larger than A4,
    of a pale blue colour,
    printed legibly in black ink or typed in black in a font of a size equal to or larger than 16;

    (ii) in all cases, prominently at or on the premises to which the application relates where it can be conveniently read from the exterior of the premises and in the case of a premises covering an area of more than fifty metres square, a further notice in the same form and subject to the same requirements every fifty metres along the external perimeter of the premises abutting any highway;

    and

  2. By publishing a notice:

    (i)in a local newspaper circulating in the vicinity of the premises (Herald Express).
    (ii)on at least one occasion during the period of ten working days starting on the day after the day on which the application was given to the relevant licensing authority.

The following information must be provided in the notices:-

  1. the name of the applicant or club;
  2. the postal address of the premises or club premises, if any, or if there is no postal address for the premises a description of those premises sufficient to enable the location and extent of the premises or club premises to be identified.
  3. The postal address and, where applicable, the worldwide web address where the register of the relevant licensing authority is kept and when the record of the application may be inspected;
  4. The date by which an interested party or responsible authority may make representations to the relevant licensing authority;
  5. That representations shall be made in writing; and
  6. That it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on description of the proposed variation.
  7. Give A brief description of the proposed variation, but it must include the times the premises is open for the sale of alcohol, supply of hot food and regulated entertainment, though there isn’t a need to specify all of these, just the earliest opening times and the latest closing times.

Can a Licence be Granted Automatically?

No, it is in the public interest that Torbay Licensing Authority must process your application before it can be granted. You cannot provide, operate, authorise or undertake the licensable activity without a Licence and submitting an application form does not guarantee that a Licence will be granted.

If you have not had a response to your application within 40 working days, please contact Torbay Licensing Authority by email: licensing@torbay.gov.uk

Failed Application Redress

A failed applicant will receive notice of the refusal of an application for a certificate or variation of a certificate from the local licensing authority. If an application is rejected, the applicant may appeal the decision. Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.

Licence Holder Redress

If a local licensing authority refuses an application for a variation the licence holder may appeal the decision. A licence holder can appeal against a decision to put conditions on a certificate or to exclude any club activity. Appeals may also be made against the variation of any condition. Appeals against the decision of a review can be made. A club may appeal against the withdrawing of a certificate. Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.

Other Redress

Any interested party may make representations to the local licensing authority before the certificate is granted or before amendments to a certificate are granted. If representations are made a hearing will be held to consider the application and the representations. Notices will be made by the local licensing authority detailing the reasons for any outcome. Interested parties who made representations will receive notice of a failed application.

An interested party is:

An interested party may request a review of the club premises certificate. The local licensing authority will give reasons for their response to the application in a notice.

An interested party may appeal if they argue that a certificate should not have been granted or that different or additional conditions or limitations on activities should have been made. They may also appeal against any variation of a condition.

Appeals against the decision of a review can be made.

Appeals must be made to the local Magistrates' court within 21 days of the decision appealed.

Trade Associations


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