Alcohol, Entertainment and Late Night Refreshment Licensing

Sales of alcohol must be made by, or under the authority of, a Personal Licence Holder

The Licensing Act 2003 requires anyone selling or supplying alcohol, providing regulated entertainment or late night refreshment to hold a premises licence or club premises certificate. In addition, anyone authorising alcohol sales must hold a personal licence. 


The Licensing Act 2003 provides a system of regulation the sale or supply of alcohol, regulated entertainment and late night refreshment. The Home Office has responsibility for this legislation.

Women's Night Safety Toolkit

This toolkit is about taking practical steps together to make our area safer for women at night. Everyone should feel empowered to play their part in creating positive change and whatever your area of work, we encourage you to pledge your commitment to women’s safety.

(COVID-19) - How the rules change on 19 July 2021

Businesses and venues

All remaining closed businesses and venues such as nightclubs and adult entertainment venues will be able to reopen.

All capacity limits at sporting, entertainment, or business events will be lifted.

Hospitality venues such as pubs, restaurants and bars will no longer be required to provide table service or follow other social distancing rules.

All businesses should follow the principles set out in the working safely guidance. Whilst the Government is no longer instructing people to work from home if they can, the Government would expect and recommend a gradual return over the summer.

Employers will still have a legal duty to manage risks to those affected by their business. The way to do this is to carry out a health and safety risk assessment, including the risk of COVID-19, and to take reasonable steps to mitigate the risks you identify. Working Safely guidance sets out a range of mitigations employers should consider including:

  • cleaning surfaces that people touch regularly;
  • identifying poorly-ventilated areas in the venue and taking steps to improve air flow;
  • ensuring that staff and customers who are unwell do not attend the workplace or venue;
  • communicating to staff and customers the measures you have put in place.

We encourage organisations in higher risk settings to use the NHS COVID Pass as a condition of entry, in order to reduce the risk of COVID-19. This will especially be the case in large crowded settings where people are likely to be in close proximity to others outside their household. The Government reserves the right to mandate certification in certain venues at a later date if necessary.

To support organisations and individuals in these settings, the NHS COVID Pass will be made available through the NHS App, NHS.UK, or as a letter that can be requested by ringing NHS 119. Visitors will also be able to show text or email confirmation of test results. Organisations should ensure they are in compliance with all legal obligations, including on equalities.

There are some settings where the NHS COVID Pass should not be used as a condition of entry, in order to ensure access for all. This includes essential services and essential retailers which have been able to stay open throughout the pandemic.

Businesses are also encouraged to continue displaying QR codes for customers wishing to check in using the NHS COVID-19 app, or to continue collecting customer contact details to support NHS Test and Trace, however this will no longer be a legal requirement.

Business and Planning Act 2020

The latest information including the Section 172F statement template: Business & Planning Act 2020

The Licensing Authority is aware many licensed premises are considering a possible extension of outside areas for the consumption of alcohol. Please be advised any extension to the outside area may require permission from: Table & Chairs Licensing

Currently it is likely this area is not covered on your premises licence for the supply by retail of alcohol without a variation of the premises licence.

We are keen to work and support the licensed trade at this very difficult time, we must remain focused on the licensing objectives and have some concerns relating to noise issues with reference to the prevention of public nuisance. There are also added concerns with street drinking and drinking in public places.

It is therefore recommended that any changes being considered to any outside areas for the consumption of alcohol is highlighted to the Licensing Authority and the Police Licensing Team at the earliest opportunity.

Licence Fees

Licensing Act 2003 fees are set centrally. The Licensing Authority does not have flexibility on this matter and the Act does not provide any mechanism to refund licence fees. Reminder letters shall be sent when this is due.

We are keen to support and work with the licensed trade during these ongoing challenging times and are fully aware some licence holders may currently have difficulty with this payment at this time. If your business has been severely impacted by the Covid 19 restrictions, please make contact with us by emailing licensing@eastleigh.gov.uk . While there is a requirement for the payment to be made, on a case by case basis, we will consider delaying the imposition of any suspension of the premises licence.

Dealing with non-compliance

If you are operational but struggling with specific conditions due to the pandemic, please contact us and make us aware you may be breaching conditions. We will consider each case on its own merits and weigh up the impact of potential breaches on the licensing objectives to establish if there is a need for flexibility.

If it is determined that non-compliance with a licence condition cannot be temporarily disregarded, licence holders would be required to rectify any breaches as soon as reasonably practicable and with communications be maintained with your designated officer.

New emergency premises closure requirements brought in by the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (‘the Business Closure Regulations’) gives councils powers to close certain businesses and other venues that involve social contact without essential grounds for this to take place. These powers are also held by the Police and other Local Authority officers.

Licensed premises found to be breaching the legislative framework in place to prevent coronavirus may face formal action with consideration towards a premises licence review application with a view to revoking the licence.

Alcohol Delivery Service 

Information relating to an alcohol delivery service is available.

Guidance and Forms

Detailed information and copies of forms for applications for premises licences, personal licences and club premises certificates and our guidance notes are available from the general guidance section. Please note that all forms are prescribed by law, and the Council has no control or discretion over their format. Microsoft Word® forms capable of completion electronically appear in those pages.

Important information about the additional Mandatory Conditions imposed on premises licences and club premises certificates by the Government with effect from 6th April and 1st October 2010 are contained in the Premises Licences and Club Premises Certificates pages.


Fees
Fees for applications for premises licences and club premises certificates, again set by the Home Office, are calculated on the Non-Domestic Rateable Value of the premises. You can obtain the NDRV for your premises from your business rates bill or from the Valuation Office Agency via their web site (see below) or by telephoning the VOA on 023 8053 8500. 

Notes of the fees are contained in each set of premises or personal licence guidance notes. A link to a full list appears below. 

Sections 55 and 92 of the Licensing Act 2003, as amended, provide that failure to pay annual fees when they are due will result in suspension of the premises licence or club premises certificate.

Penalties
The sale or supply of alcohol, provision of regulated entertainment or late night refreshment must be authorised by a premises licence, club premises certificate or temporary event notice. The penalty for not doing so is severe - a maximum £20,000 fine and/or up to six months imprisonment. In addition, anyone authorising alcohol sales must hold a personal licence (or have given a temporary event notice).


Businesses buying alcohol from wholesalers:
New provisions from 1 April 2017
From 1 April 2017 businesses that sell alcohol to the public will need to ensure that the UK wholesalers they buy alcohol from have been approved by HMRC under the Alcohol Wholesaler Registration Scheme (AWRS). They will need to check the wholesaler’s Unique Registration Number (URN) against the HMRC online database which will be available from April 2017. 

If a business is found to have purchased alcohol from an unapproved wholesaler, they may be liable to a penalty or could even face criminal prosecution and have their alcohol stock seized. Further information is available from the Home Office


Other Licences and Permissions
Whether not the authority of a premises licence, club premises certificate or temporary event notice is required, the performance or reproduction of any copyright sound or visual work will need permission from the copyright owner. For more information contact PRS for Music Ltd. and Phonographic Performance Ltd. in respect of performances of music and recorded music or the Motion Picture Licensing Company Ltd. (trading as MPLC) and Filmbank Distributors Ltd.(t/a Filmbank Media) in respect of film or video works. The Independent Cinema Office may be able to advise in respect of the showing of copyright film or video recordings in a community setting. 

Please note that the licensing authority has no involvement in these processes. 

You will need authority under the Licensing Act 2003 (premises licence, club premises certificate or temporary event notice) to sell alcohol, but you may also need to be licensed by HM Revenues & Customs, if you want to brew alcohol or distil alcohol and duty may need to be paid on any alcohol that you produce. In such circumstances you should also contact Environmental Health and Trading Standards for advice.

For information about licensing of gambling activities, including casinos, betting, bingo, gaming machines and lotteries, please see our gambling page.


Contacting the Licensing Team
Please note that these functions are administered by Southampton City Council's licensing team on behalf of Eastleigh Borough Council. 

Email: licensing@eastleigh.gov.uk
Telephone: 023 8083 3002 (option 4, then option 1) 
Fax: 023 8083 4061

Postal address:
Licensing Team 
Southampton and Eastleigh Licensing Partnership 
PO Box 1767 
Southampton 
SO18 9LA

Personal callers:
Licensing Team 
Southampton and Eastleigh Licensing Partnership 
Civic Centre 
Southampton 
SO14 7LY

Document Exchange: DX 115710 Southampton 17

Opening hours:
Members of the Licensing Team are normally available on weekdays at the Civic Centre, Southampton, from 9am to 12pm and from 2pm to 4pm to assist personal callers.