A premises licence under the Licensing Act 2003 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
Apply for a premises licence
Please see the prescribed forms and guidance for detailed information on making applications. Applications must be returned to the Licensing Team with all required accompanying documents and the fee, and copies sent to the appropriate responsible authorities. Application forms are prescribed by the legislation, as are the responsible authorities who should be consulted prior to applications being made, particularly those for variation or new licences.
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 the Data Protection Act 1998. 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.
The information available in the guidance notes is not a substitute for prospective applicants obtained their own specialist legal advice - please note that the city council's staff cannot provide legal advice about your application.
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. Special arrangements may apply in the case of village halls and parish halls where the sale of alcohol is authorised.
Tables and chairs outside premises
Permission to place tables and chairs on the highway (including pavements) outside premises is dealt with by the council's Highways Team.
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 Home Secretary power to specify additional Mandatory Conditions on all premises selling or supplying alcohol. They are as follows:
- Irresponsible promotions and games - (on sales/supply only)
- Free potable water for customers - (on sales/supply only)
- Age verification policy - (on and off sales/supply)
- Choice of small measures - (on sales/supply only)
- Prohibition of the sale of alcohol at a price below the total of duty plus VAT - (on and off sales/supply)
Information on 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. Please note that the mandatory conditions are effective whether or not they physically appear on your licence.
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.