Licensing Act 2003 (alcohol & entertainment licences)

Licensing Office closed Friday 3 May, morning

The Licensing Office will be closed on the morning of Friday 3 May 2024. It shall reopen in the afternoon of the same day.

The Licensing Act 2003 provides a system of regulation the sale or supply of alcohol, regulated entertainment and late night refreshment. The Home Office has responsibility for this legislation.

Women's Night Safety Toolkit

This toolkit is about taking practical steps together to make our area safer for women at night. Everyone should feel empowered to play their part in creating positive change and whatever your area of work, we encourage you to pledge your commitment to women’s safety.

Business and Planning Act 2020

The latest information including the Section 172F statement template

Licence fees

Licensing Act 2003 fees are set centrally. The Licensing Authority does not have flexibility on this matter and the Act does not provide any mechanism to refund licence fees. Reminder letters shall be sent when this is due.

Alcohol Delivery Service

Information relating to an alcohol delivery service is available.

Guidance

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 in the general guidance section.

Please note that all forms are prescribed by law, and the city council has no control or discretion over their format.

Hearings

If valid representations are made in respect of an application, a hearing by 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 is severe - an unlimited fine and/or up to six months' imprisonment. In addition, anyone authorising alcohol sales must hold a personal licence (or have given a TEN).

Businesses buying alcohol from wholesalers: provisions from 1 April 2017

From 1 April 2017 all businesses selling alcohol to the public will need to ensure that the UK wholesalers they buy alcohol from have been approved by HMRC under the Alcohol Wholesaler Registration Scheme (AWRS). They will need to check the wholesaler’s Unique Registration Number (URN) against the HMRC online database

More information is available from the Home Office.

If a business is found to have purchased alcohol from an unapproved wholesaler, they may be liable to a penalty or could even face criminal prosecution and have their alcohol stock seized.

Tables and chairs outside premises

If you wish to place tables and chairs on the highway outside your premises, you will need permission from the highways team.

You must register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package. Please visit Protect UK Police for details.

Movie and music licensing

Whether not the authority of a premises licence, club premises certificate or temporary event notice is required, the performance or reproduction of any copyright sound or visual work will need permission from the copyright owner. For more information contact PRS for Music Ltd. and Phonographic Performance Ltd. in respect of performances of music and recorded music or the Motion Picture Licensing Company Ltd. (trading as MPLC) and Filmbank Distributors Ltd. (t/a Filmbank Media) in respect of film or video works. The Independent Cinema Office may be able to advise in respect of the showing of copyright film or video recordings in a community setting.

Please note that the licensing authority has no involvement in these processes.

Brewing alcohol

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 distil 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.

Drinking in public places/Tables and chairs outside premises

Southampton has five Drinking Control Areas under Public Spaces Protection Orders (PSPO). 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 permission from the Highways teams for tables and chairs on the highway.

The 5 locations are listed below. These are all in place to assist in reducing anti-social behaviour associated with street drinking. It provides the police with a power to require alcohol to be surrendered. With the exception of Shirley they are the commercial areas:

  • City centre
  • Bitterne
  • Portswood
  • Shirley (Extends West from Hill Lane to Millbrook Road)
  • Woolston

Other information