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 and provide information on its web sites; all the legislation is published online - please see the links below.
Implementation
When the Act became fully operational on 24 November 2005 (the second appointed day), all licences and certificates issued under the following legislation ceased to have effect, whatever date of expiry is shown:
- Licensing Act 1964
- Private Places of Entertainment (Licensing) Act 1967
- Theatres Act 1968
- Late Night Refreshment Houses Act 1969
- Local Government (Miscellaneous Provisions) Act 1982, Schedule 1
- Cinemas Act 1985
A full list of the legislation repealed and amended by the Licensing Act 2003 is contained in schedule 7 to the Act.
Drinking in public places
From 3 May 2007 the whole of the city of Southampton became a drinking control area under a Designated Public Places Order (DPPO). This may affect your business if you serve alcohol or permit your customers to consume alcohol outside your premises in a public place and you do not have either that area clearly indicated in your premises licence or do not have consent for tables and chairs on the highway from the highways team - see the link below. Please see the link below for information about the Designated Public Places Order.
Best Bar None
Hampshire Constabulary's Southampton licensing unit in partnership with Southampton City Council's licensing team, has helped organise "Southampton Best Bar None" since 2006. The Southampton scheme is now the second largest in the country - for further information please follow the link to the left.
Safe City Partnership
Please see the Safe City Partnership's web site for night time economy safety advice, including a short film on enjoying a great night out in Southampton.
Guidance and forms
Detailed information and copies of forms for applications for premises licences, personal licences and club premises certificates and the city council's guidance notes are available from the individual page links the the left. Please note that all forms are prescribed by law, and the city council has no control or discretion over their format. Microsoft Word® forms capable of completion electronically appear in these 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.
Additional guidance and advice from the bodies comprising the Southampton Licensing Partnership is available from the Advice and Guidance page - see the link to the left. This information has been produced for the Education Day on on 8th November 2012.
Fees
Fees for applications for premises licences and club premises certificates, set by Government, 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 (VOA) via their web site (please follow the link 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.
Hearings
If valid representations are made in respect of an application, a hearing before the Licensing (Licensing and Gambling) Sub-Committee may be necessary. The agendas and papers for these hearings will be published by the Democratic Services team prior to the hearing.
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 (TEN). The penalty for doing so without an authorisation (premises licence, club premises certificate or temporary event notice) 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 TEN).
Other licences and permissions
If you wish to place tables and chairs on the highway outside your premises, you will need a tables and chairs permission from the highways team - please follow the link below.
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 the Phonographic 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 Revenue and Customs, if you want to brew alcohol or distill alcohol and duty may need to be paid on any alcohol that you produce. In such circumstances you should also to contact Environmental Health and Trading Standards for advice.
General information
Links to general guidance appear below, including to the Licensing Act 2003 Statutory Guidance. last revised with effect from October 2012.
Please also see the draft Joint Health and Wellbeing Strategy, which amongst others, deals with the need to reduce the harm arising from the misuse of alcohol and drugs. The consultation was open until 30th September 2012.
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