Late Night Refreshment
Licensing Act 2003 Provision of Late Night Refreshment
Under the Licensing Act 2003, any person who provides late night refreshment must hold a premises licence from the Council to do so. It will often be the case that the premises also serves alcohol (which is also a licensable activity) and one Premises Licence would be issued covering both. Anyone selling alcohol will need a Personal Licence as well.
The hot food does not have to be consumed on the premises so this now includes takeaways.
What is Late Night Refreshment?
A person provides late night refreshment if:
- hot food or hot drink is supplied
- to members of the public
- between 11.00 pm and 5.00 am
- on or from any premises.
"Hot" means it has been heated and is supplied heated or after being sold can be heated on the premises. Exemptions.
The following exemptions apply:
If the person being supplied with hot food or drink is:
- a member of a recognised club;
- staying at a hotel, guest house, hostel,
caravan site, etc for the night;
- an employee supplied by his employer;
- engaged in a special trade or profession;
- a guest of any of the above.
The following are also exempt:
- hot drinks containing alcohol;
- hot drinks from vending machines;
- hot food or drink provided free;
- the supply of hot food or drink by a registered charity ; or
- the supply of hot food or drink on a vehicle which is not parked.
Other exemptions exist within the Greater London area, but that does not include any part of the Wrexham area.
This means that any takeaway or restaurant supplying hot food or drink after 11.00 pm will need to be licensed.
Premises supplying alcohol
The sale or supply of alcohol will also require a premises licence under the Act and this, together with a premises licence to supply hot food or drink, would form one licence.
Will I need a licence?
As described above any restaurant supplying hot food after 11.00 pm will need to ensure that their premises licence includes the provision of late night refreshment on the same licence which will allow the supply or sale of alcohol.
All hot food takeaways open after 11pm will have to become licensed even if they weren't licensed under the old laws. This includes Chinese takeaways, kebab shops, pizza shops, fish and chip shops, curry houses etc. regardless of whether they are takeaway only or have tables and chairs. Filling stations or other outlets which sell food that may be heated in a microwave oven after being sold now come within this legislation.
A Temporary Event Notice (TEN) can cover the provision of late night refreshment. So the supply of burgers, sausages or hot chestnuts, at temporary events such as public firework displays etc., after 11pm can be covered by the TEN. We have a separate leaflet on Temporary Events.
Having a premises licence which authorises the provision of Late Night Refreshment does not mean that the premises are exempt from other controls such as Food Safety, Health and Safety at Work etc., fire safety or noise pollution controls and an organiser must make sure that any other legislation is complied
If you would like further advice about licensable activities please contact us. This leaflet provides advice based on information available at the time of writing and this may change. It is intended for guidance only and does not provide authoritative legal advice.