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Licensing – late night catering

A new feature contained within the Licensing Act 2003 is the requirement for premises selling hot food and hot drinks between the hours of 11.00pm and 5.00am the next day to hold a premises licence. Premises currently licensed with the council as late night refreshment houses and premises such as hot food takeaways not currently subject to any licensing controls, will be subject to the new licensing requirements.

The requirement to hold a premises licence is specific to premises that sell hot food and drinks. Hot food and drinks are defined as:

  • food or drink before it is supplied, is heated on the premises or elsewhere for the purpose of enabling it to be consumed at a temperature above the ambient temperature and at the time of supply, is above that temperature, or
  • after it is supplied, the food or drink may be heated on the premises for the purpose of enabling it to be consumed at a temperature above the ambient temperature
  • shops, stores and supermarkets selling food that is immediately consumable like bread and milk, but not falling within the definition of selling hot food or drink, will not be required to apply for a premises licence
  • the requirement to hold a premises licence will though apply to street traders selling hot food and drink between the hours of 11.00 pm and 5.00 am the next day. The premises licence will be in addition to the requirement to hold a street trading consent from the council

The Secretary of State for the Department of Culture, Media and Sport has indicated that the key licensing objectives that will need to be addressed by the time the council is considering licences for late night refreshment premises will be;

  • prevention of crime and disorder
  • public Safety
  • prevention of public nuisance
  • protection of children from harm

You can apply for a licence and/or get further information from our Club Licence page.

For fees, please visit our Fees and price List page.

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