Licensing Act 2003

94 Duty to keep and produce certificate[F1 etc.] E+W

(1) This section applies whenever premises in respect of which a club premises certificate has effect are being used for one or more qualifying club activities authorised by the certificate.

(2) The secretary of the club must secure that the certificate, or a certified copy of it, [F2 and a list of any relevant mandatory conditions applicable to the certificate are] kept at the premises in the custody or under the control of a person (the “nominated person”) who—

(a) falls within subsection (3),

(b) has been nominated for the purpose by the secretary in writing, and

(c) has been identified to the relevant licensing authority in a notice given by the secretary.

(3) The persons who fall within this subsection are—

(a) the secretary of the club,

(b) any member of the club,

(c) any person who works at the premises for the purposes of the club.

(4) The nominated person must secure that—

(a) the summary of the certificate or a certified copy of that summary, and

(b) a notice specifying the position which he holds at the premises,

are prominently displayed at the premises.

(5) The secretary commits an offence if he fails, without reasonable excuse, to comply with subsection (2).

(6) The nominated person commits an offence if he fails, without reasonable excuse, to comply with subsection (4).

(7) A constable or an authorised person may require the nominated person to produce the club premises certificate (or certified copy [F3 or any list of relevant mandatory conditions]) for examination.

(8) An authorised person exercising the power conferred by subsection (7) must, if so requested, produce evidence of his authority to exercise the power.

(9) A person commits an offence if he fails, without reasonable excuse, to produce a club premises certificate or certified copy of a club premises certificate [F4 or a list of relevant mandatory conditions] in accordance with a requirement under subsection (7).

(10) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(11) In subsection (4) the reference to the summary of the certificate is a reference to the summary issued under section 77 or, where one or more summaries have subsequently been issued under section 93, the most recent summary to be so issued.

(12) Section 95 makes provision about certified copies of club premises certificates and of summaries of club premises certificates for the purposes of this section.

[F5 (13) In this section “relevant mandatory conditions”, in relation to a club premises certificate, means conditions applicable to the certificate by virtue of section 73A or 73B.]

Textual Amendments

F1 S. 94: word in heading inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(2); S.I. 2010/125, art. 2(t)

F2 Words in s. 94(2) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(3); S.I. 2010/125, art. 2(t)

F3 Words in s. 94(7) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(4); S.I. 2010/125, art. 2(t)

F4 Words in s. 94(9) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(5); S.I. 2010/125, art. 2(t)

F5 S. 94(13) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 7 para. 42(6); S.I. 2010/125, art. 2(t)