Page Last Updated at : Tuesday, May, 1, 2012

Alcohol, Entertainment and Late Night Refreshment Licensing

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. Application forms, guidance notes and other information are available on these pages.

Details of service:

Background

The Licensing Act 2003 provides a regime for the control of the sale or supply of alcohol, regulated entertainment and late night refreshment.
The Government's Home Office has responsibility for this legislation, which is published at legislation.gov.uk – please see the links below to their web sites.

Implementation

The legislation became fully operational on 24th November 2005 (the second appointed day), when all previous licences and certificates ceased to have effect.
A full list of the legislation repealed and amended by the Licensing Act 2003 is contained in schedule 7 to the Act.

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 individual page links to the left. 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. Online application is available through the link below.

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).

Other Licences and Permissions

Please note that holding a premises licence or a club premises certificate will not dispense with the need for the premises to have permission from the owner of any copyright work to perform or reproduce recorded sound or video.
Follow the links below to the Performing Rights Society and Mechanical Copyright Protection Society, Phonographic Performance Ltd. and Video Performance Ltd., who deal with these matters on behalf of the owners of the copyright works.
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.

General Information

Links to general guidance appear below. Please note that these functions are administered by Southampton City Council's licensing team on behalf of Eastleigh Borough Council.

Diamond Jubilee Licensing Hours

The Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order 2012 extends licensed premises' opening hours (so far as this is not already the case) for the following periods:

from 23:00 on Friday 1st June until 01:00 on Saturday 2nd June 2012; and

from 23:00 on Saturday 2nd June until 01:00 on Sunday 3rd June 2012;

for the sale of alcohol for consumption on the premises and the provision of regulated entertainment and late night refreshment by licensed premises in England and Wales.

Please note that Order only applies to Premises Licences and Club Premises Certificates which currently authorise licensable activities to be carried on up to or after 23:00 on each of those days and only the licensable activities already authorised by the licence or certificate may be extended.

The Order does not add any regulated entertainment where this is not permitted at 23:00 by the licence or certificate. These provisions are similar to those made for the Royal wedding in 2011, and are restricted to premises making 'on sales' of alcohol. The provision of late night refreshment at the specified times is only if the premises may also be used for the sale or supply of alcohol for consumption on the premises. Takeaways and off licences are therefore excluded.

Contact the Licensing Team

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

Postal address:

Licensing Team
Eastleigh Borough Council
PO Box 1344
Southampton
SO15 1WQ

Document Exchange: DX 115710 Southampton 17

Personal callers:

Licensing Team
Southbrook Rise
4-8 Millbrook Road East
Southampton
SO15 1YG

Opening hours:

Members of the licensing team will normally be available at Southbrook Rise to assist personal callers on weekdays between 09:00 and 12:00 and between 14:00 and 16:00. We may be available at other times by prior appointment.

Please note that the addresses and numbers given above should only be used for communication with the licensing team