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Justices' On-Licence: Clubs

The Licensing Ordinance 1994 allows for clubs to hold a Justices' On-Licence as an alternative to a club registration certificate. Please be aware that a club cannot, by law, hold a Justices' On-Licence and a club registration certificate.

Section 31(2)(e) states;

"A club shall be qualified to receive a registration certificate for any premises (whether in the first instance or by way of renewal), only if-

(e) no justices' licence is held in respect of the premises or any part of the premises."

If a club is wishing to apply for a Justices' On-Licence in respect of any premises they would need to follow the schedule and procedures as set out in the Justices' On-Licence section.

Section 40 of the Licensing Ordinance 1994 relates to the Licensing of Club premises. It states;

40 Licensing of club premises

(1) Any justices' licence for club premises which is to be granted to a club shall be taken out or granted in the name of one or more officers 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 to the sale of intoxicating liquor and to licensed premises shall attach to the person or persons in whose name or names the licence is, and those enactments shall apply as if he or they were, as holder or holders of the licence, in occupation of the premises;

(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 intoxicating liquor to the member and as a supply of the intoxicating liquor to the person to whom it is actually supplied by or on behalf of the club.

(2) Where a justices' licence granted for club premises is subject to conditions forbidding or restricting the sale of intoxicating liquor to non-members, the Summary Court may insert in the licence a provision relieving the holder or holders, if and so far as the court thinks fit in view of those conditions, from compliance with any provision of this Ordinance 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.

Clubs - Comparison

To assist clubs with what the implications of a club registration certificate are against an on-licence the court has created the comparison table. Please note that the court cannot advise you as to the appropriateness of a registration certificate or on-licence to individual circumstances. If you are unsure please seek the advice of independent legal advice.