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Licensing Act 2003
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Changes to legislation:
Licensing Act 2003, Section 94 is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 94:
- Pt. 5A inserted by 2015 c. 20 s. 67(2) Sch. 17
- s. 2(1A) inserted by 2015 c. 20 s. 67(1)
- s. 10(4)(e) and word inserted by 2011 c. 13 s. 121(3)(b)
- s. 140(2)(e) inserted by 2015 c. 20 s. 67(4)(b)
- s. 141(2)(e) inserted by 2015 c. 20 s. 67(5)(b)
- s. 143(2)(e) inserted by 2015 c. 20 s. 67(6)(b)
- s. 144(2)(e) inserted by 2015 c. 20 s. 67(7)(b)
- s. 147A(4)(c) inserted by 2015 c. 20 s. 67(8)(b)
- s. 153(4)(d) inserted by 2015 c. 20 s. 67(9)(b)
- s. 197(3)(cza) inserted by 2015 c. 20 s. 67(12)(a)
- s. 197A 197B inserted by 2011 c. 13 s. 121(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 5A inserted by 2015 c. 20 s. 67(2) Sch. 17
- s. 2(1A) inserted by 2015 c. 20 s. 67(1)
- s. 10(4)(e) and word inserted by 2011 c. 13 s. 121(3)(b)
- s. 140(2)(e) inserted by 2015 c. 20 s. 67(4)(b)
- s. 141(2)(e) inserted by 2015 c. 20 s. 67(5)(b)
- s. 143(2)(e) inserted by 2015 c. 20 s. 67(6)(b)
- s. 144(2)(e) inserted by 2015 c. 20 s. 67(7)(b)
- s. 147A(4)(c) inserted by 2015 c. 20 s. 67(8)(b)
- s. 153(4)(d) inserted by 2015 c. 20 s. 67(9)(b)
- s. 197(3)(cza) inserted by 2015 c. 20 s. 67(12)(a)
- s. 197A 197B inserted by 2011 c. 13 s. 121(2)
94Duty to keep and produce certificate[F1etc.]E+W
This section has no associated Explanatory Notes
(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, [F2and 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 [F3or 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 [F4or 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
F1S. 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5S. 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)
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