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
  • test amend

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

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:

  1. Irresponsible promotions - effective from 6 April 2010 (on sales/supply only)
  2. Alcohol dispensed directly into the mouth - effective from 6 April 2010 (on sales/supply only)
  3. Free tap water for customers - effective from 6 April 2010 (on sales/supply only)
  4. Age verification policy - effective from 1 October 2010 (on and off sales/supply)
  5. Choice of small measures - effective from 1 October 2010 (on sales/supply only)
  6. 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.

NOTE - DPS VARIATION

The application to vary a premises licence to specify an individual as designated premises supervisor under the Licensing Act 2003 asks the licensee to give a copy of the form to the existing premises supervisor. The completed form contains personal information about the proposed new DPS and sharing this information would be in breach of Data Protection Legislation. It is sufficient for the licensee to inform the DPS that the application has been made, without the need to share the specific details of the application. A full copy of the application form must still be sent to Hampshire Constabulary. The form will be amended via regulations as soon as possible to make this clear.

General Data Protection

Please note that the licensing authority may be required by law to disclose to the appropriate authorities, from time to time, further information relating to applications and licences for the purposes of law enforcement and the prevention of fraud.


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.