Members Clubs Fined For Alcohol Sales To Non-Members

Three Caerphilly county borough Members Clubs have been taken to court and fined for breaches of the Licensing Act 2003. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Beechgrove Social Club Limited of The Square, Penpedairheol, Caerphilly Conservative Club of Bartlett Street, Caerphilly and Ystrad Mynach Non Political Social Club and Institute Limited of Bedwlwyn Road, Ystrad Mynach were summoned to court for the offence of selling alcohol by retail without having a ‘Premises Licence’ – that is, the licence held by premises enabling them to sell alcohol to members of the public. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The three member clubs were each fined £1,000, ordered to pay costs to Caerphilly County Borough Council of over £400 and a victim surcharge of £100 when the cases were heard at Newport Magistrates Court on 21st October 2016. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

At the time of the offences, the clubs only held a ‘Club Premises Certificate’ which only allows them to serve alcohol to members of that club. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Caerphilly Trading Standards and Gwent Police were alerted to these issues following a number of complaints about the clubs flouting the law. Some of these complaints came from the licensed trade, who felt they were suffering, as effectively, some clubs were gaining an advantage by operating as pubs, without having to put in place any of the controls that a premises with a ‘Premises Licence’ requires. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The council’s Trading Standards and Licensing teams, together with colleagues at Gwent Police attempted to work with the clubs to offer solutions and help them comply with the law. In addition, all clubs within Caerphilly county borough were also written to on a number of occasions, reminding them of their responsibilities under the law. Unfortunately, not all clubs took the advice offered, and in September 2015 a joint operation involving Trading Standards and Gwent Police was carried out, during which plain clothed officers visited a number of clubs – including the three clubs prosecuted – and were sold alcohol. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Following this operation, the clubs admitted to the offences and were issued with cautions, with Trading Standards and Gwent Police continuing to advise the clubs. The exercise was repeated in March 2016 however, and once again these three clubs sold alcohol to non-members. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Cllr Nigel George, Cabinet Member with responsibility for Public Protection said, “It’s unfortunate that despite extensive support from both our Trading Standards team and Gwent Police, these clubs continued to flout the law. I would strongly encourage other clubs across our county borough to be mindful that our team are here and available to offer advice and support. There are relatively simple measures that can be taken to ensure clubs both operate within the law and help their businesses to thrive”. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

PC Adam Lang said: “Premises holding club certificates are only permitted to serve alcohol to members of that club or bona fide guests. It is unfair for them to operate as regular pubs and serve non-members whilst holding only a club certificate. I hope the action taken by Gwent Police and Caerphilly County Borough Council’s Trading Standards Department encourages other club premises to operate appropriately and in accordance with their certificates.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

In the run up to the festive period, the council is keen to remind Members Clubs that if they are intending to run functions where numbers of non-members will be attending, they need to apply for Temporary Events Notices. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​