Late night refreshment

For the purposes of the Act, the provision of late night refreshment means the supply of hot food or hot drink to the public, for consumption on or off the premises, between 11pm and 5am or the supply of hot food or hot drink to any persons between those hours on or from premises to which the public have access.

Food or drink is 'hot' for the purposes of the Act if it is heated on the premises or elsewhere before it is supplied for the purpose of enabling it to be consumed at above ambient air temperature, or if it may be heated on the premises for this purpose after it is supplied.

Certain supplies of hot food or hot drink are exempt

• Hot drink consisting of, or containing alcohol (although an authorisation under the Act will be required for the supply of alcohol)
• Hot drink distributed by means of a vending machine where the payment for the hot drink is inserted into the machine by a member of the public, and the hot drink is supplied directly by the machine to the member of the public
• Hot food or hot drink supplied free of charge, where there is also no charge for admission to any premises, or for some other item to obtain the hot food or hot drink
• Hot food or hot drink supplied by a registered charity or by a person authorised by a registered charity
• Hot food or hot drink supplied on a vehicle, which is not permanently or temporarily parked at the time

Supplies of hot food or hot drink are also exempt where the supply is on or from premises to which, at the time of the supply, only persons of the following descriptions will be admitted and supplied with hot food or hot drink:

• Guests (and their guests) of hotels or similar premises; that is guest houses, lodging houses, hostels, caravan or camping sites or other premises supplying accommodation as their main purpose
• Members of recognised clubs and their guests
• Employees of a particular employer and their guests; for example, where refreshment is made available to employees whose shift patterns require them to be present at the workplace between 11pm and 5am
• Persons engaged in a particular trade or who are members of a particular profession or follow a particular vocation, and their guests

'Premises' means any place and includes a vehicle, vessel or moveable structure.

How do I apply for a premises licence?

An application for a premises licence must be made to the relevant licensing authority, that is, the authority within whose area the premises or the major part of the premises is situated. The application must be copied to the appropriate responsible authorities.

The application must be accompanied by:

• the required fee
• an operating schedule
• a plan of the premises

What is an operating schedule?

It is a document which the applicant should submit and include information which is necessary to enable any responsible authority or interested party to assess whether the steps to be taken to promote licensing objectives are satisfactory. It should include the following:

• The relevant licensable activities to be conducted on the premises
• The times during which it is proposed that the relevant licensable activities are to take place (including the times during each day of the week, during particular holiday periods and during particular seasons, if it is likely that the times would be different during different parts of the year)
• Any other times when the premises are to be open to the public
• Where the licence is required only for a limited period, that period
• Where the licensable activities include the supply of alcohol, the name and address of the individual to be specified as the designated premises supervisor
• Where the licensable activities include the supply of alcohol, whether the alcohol will be supplied for consumption on or off the premises or both
• The steps which the applicant proposes to take to promote the licensing objectives

The operating schedule should address the licensing objectives having regard to the nature of the area where the premises are situated, the type of premises concerned, the proposed licensable activities, operating procedures and more importantly the needs of the local community.

Are clubs in possession of a club premises certificate covered by the provisions of late night entertainment?

No. Club premises certificates do not need to authorise the provision of late night refreshment by the club to members of the club, and their guests. This is because the supply of hot food or hot drink to members and guests of recognised clubs are exempt in the circumstances described above.

Will a supermarket be covered by the provision for late night refreshment?

Yes, if a supermarket is heating food or drink for consumption, whether on or off the premises between 11pm and 5am or provides facilities to enable the food or drink to be heated a late night refreshment licence will be required.

Will restaurants with a special hours certificate need to include late night refreshment in their premises licence as a separate licensable activity?

Yes. There will be no equivalent of special hours certificates under the new licensing regime. A restaurant owner will need to apply for a premises licence to replace the existing permission from the magistrates. This will allow a premise to provide, or continue to provide, alcohol with meals, and, depending on their preferred hours of opening, to provide hot food or hot drink between 11pm and 5am.

I am the owner of a late night take away shop. I’ve never needed a licence before, will I need one now?

Yes. The Act is going to regulate licensing laws across England and Wales, which means that late night take-aways and cafes will now need an authorisation to serve hot food or drink to the public on or from the premises between 11pm and 5am.

Environmental health late night refreshment licence advice [45KB]

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