Premises licence
The Licensing Act 2003 requires the sale or supply of alcohol, provision of entertainment or late night refreshment in any place to be authorised by a premises licence.
A premises licence is required for any premises where any of the following take place:
- sale of alcohol by retail
- regulated entertainment
- the provision of hot food or hot drink between 23:00 and 05:00 on any day.
Regulated entertainment is defined as:
- a performance of a play
- an exhibition of a film
- an indoor sporting event
- a boxing or wrestling entertainment
- a performance of live music
- any playing of recorded music
- a performance of dance
- anything similar to music or dancing
Live Music Act 2012
The Live Music Act took effect from 1 October 2012, and since 6th April 2015 now applies to recorded music, and covers larger audiences. Further information is available from the above link
172F Authorisation of off-sales for a limited period
The Business and Planning Bill amends the Licensing Act 2003 by adding Section 172F to allow premises to have off sales until 30th September 2021. Premises should notify the Licensing Authority of their intention to take advantage of this amendment and MUST clearly display at the premises a notice advising of this. Further information and a template is available.
Mandatory Conditions
All premises licences are potentially subject to one or more of the Mandatory Conditions, specified under sections 19, 19A, 20 and 21 of the Licensing Act 2003. These relate to the sale and supply of alcohol, the exhibition of films and door supervision, and appear on individual licences. Section 32 and schedule 4 of the Policing and Crime Act 2009 gives the Secretary of State power to specify additional Mandatory Conditions.
From 6 April 2010, 1 October 2010, and 28 May 2014 further Mandatory Conditions were imposed by the Government on premises selling or supplying alcohol. They are as follows:
- Irresponsible promotions - effective from 6 April 2010 (on sales/supply only)
- Alcohol dispensed directly into the mouth - effective from 6 April 2010 (on sales/supply only)
- Free tap water for customers - effective from 6 April 2010 (on sales/supply only)
- Age verification policy - effective from 1 October 2010 (on and off sales/supply)
- Choice of small measures - effective from 1 October 2010 (on sales/supply only)
- Prohibition of the sale of alcohol at a price below the total of duty plus VAT - effective from 28 May 2014 (to be confirmed) (on and off sales/supply)
Set out below are links to a note advising of the mandatory conditions, a calculator for duty plus VAT, the Home Office's updated Statutory Guidance, guidance on selling alcohol responsibly and good practice examples and an example of an age verification policy. Further guidance on the mandatory conditions appears on the Home Office web site.
Please note that the mandatory conditions are effective whether or not they physically appear on your licence.
Further information
Detailed information on making applications is available in the guidance notes. They are not a substitute for prospective applicants obtained their own specialist legal advice. The Licensing Team cannot provide legal advice about your application.
Application forms, as prescribed by the legislation, are also available, as is a list of the fees and the responsible authorities who should be consulted prior to applications being made, particularly those for variation or new licences, and who will need to be served with copies of applications.
Please note that a Designated Premises Supervisor (DPS) is only required where alcohol is to be sold; once a premises licence has been granted, it can be varied to change the DPS and the DPS can ask to be removed from the licence, and may need to give notice to the premises licence holder for the licence to be returned for amendment. Appropriate forms are available
Links to forms, guidance and specimen notices appear below.
Please select the relevant application form, save to your PC, complete, print and return to the Licensing Team together with all required accompanying documents.
Please note that these functions are administered by Southampton City Council's licensing team on behalf of Eastleigh Borough Council.
General Data Protection
The Council has a duty to protect the public funds it administers and may use the information you have provided or share it with other bodies for the purpose of preventing and detecting fraud. This includes participation in the Cabinet Office National Fraud Initiative. The National Fraud Initiative (NFI) is an exercise that matches electronic data within and between public and private sector bodies to prevent and detect fraud.
Please see our full privacy policy at https://www.eastleigh.gov.uk/privacy
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
Address:
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.