Late night refreshment involves the supply of ‘hot food and hot drink’ between the hours of 11pm and 5am. Premises that provide late night refreshment will need to hold a Premises Licence.
Supply takes place when the hot food or hot drink is given to the customer and not when payment is made. For example, supply takes place when a table meal is served in a restaurant or when a takeaway is handed to a customer over the counter.
If a supermarket or other business premises (for example, garage) heats food or drink for customers between 11pm and 5am, or provides facilities for customers to heat food or drink above the ambient temperature, a Premises Licence is required. However, if the business is selling only cold food and drink, and not providing facilities to heat it, a premises licence is not required.
Exemptions
The following are exempt from requiring a Premises Licence for the provision of late night refreshment:
- alcoholic hot drinks or hot drinks containing alcohol (although consent to sell alcohol will still be required)
- hot drinks distributed by a machine that is operated solely by the customer
- 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 (for example, a charity which is registered under the Charities Act 1993 or a charity not required by the Charities Act 1993 to be registered)
- hot food or hot drink supplied to hotel and bed and breakfast guests