Licensing Act 1964

Licensing of club premises

55Licensing of club premises

(1)The authority to sell any intoxicating liquor which is conferred by an excise licence taken out for club premises by the club shall include authority for the club to supply that liquor to or to the order of members, notwithstanding that in law the supply is not and does not involve a sale.

(2)Any excise licence for the sale of intoxicating liquor in club premises which is to be taken out by the club, and any justices' licence for club premises which is to be granted to a club, shall be taken out or granted in the name of an officer of the club nominated for the purpose by or on behalf of the club; and in relation to any premises for which a licence is so taken out or granted—

(a)the rights and obligations of the holder of the licence under the enactments relating jto the sale of intoxicating liquor and to licensed premises shall attach to the person in whose name the licence is, and those enactments shall apply as if he were, as holder of the licence, in occupation of the premises; and

(b)for the purposes of those enactments any supply of intoxicating liquor by or on behalf of the club to a member as such or to any person on the order of a member shall be treated as a sale of the liquor to the member, and references to a trade or trader shall apply accordingly.

(3)Where a justices' licence is granted to a club for any club premises, then, notwithstanding that the club is registered in respect of other club premises, section 39(3) of this Act shall not apply to the supply of intoxicating liquor under the authority of the licence.

(4)Where a club is registered in respect of any club premises, and application is made for the grant (whether to the club or to another) of a justices' licence for other club premises of the club, the licensing justices shall not grant the licence unless they are satisfied that the purposes of the licence would not be served by the club being registered in respect of the other premises also and that the grant of the licence is not likely to give occasion for abuse by reason of any difference in the permitted hours in the premises or otherwise.

(5)Where a justices' licence granted for club premises is subject to conditions forbidding or restricting the sale to non-members of intoxicating liquor, the licensing justices may insert in the .licence a provision relieving the holder, if and in so far as the justices think appropriate in view of those conditions, from compliance with any provision of this Act which requires notices to be displayed in or on licensed premises but does not apply to premises in respect of which a club is registered.

(6)Any such conditions as are mentioned in subsection (5) of this section may be attached under section 4(1) of this Act to a new justices' on-licence for club premises, notwithstanding that the licence is for the sale of wine alone or British wine alone.