Q&As

Please could you provide some guidance on a licensing application for a night café?

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Published on LexisPSL on 07/01/2016

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Please could you provide some guidance on a licensing application for a night café?
  • Does an all-night café need a late night refreshment licence?
  • What is considered hot?

Please could you provide some guidance on a licensing application for a night café?

Does an all-night café need a late night refreshment licence?

The provision of late night refreshment involves the supply of hot food or hot drink to members of the public between 11pm and 5am and is regulated under the Licensing Act 2003 (LA 2003).

LA 2003 provides that a person 'provides late night refreshment' if—

'(a) at any time between the hours of 11.00 pm and 5.00am., he supplies hot food or hot drink to members of the public, or a section of the public, on or from any premises, whether for consumption on or off the premises, or

(b) at any time between those hours when members of the public, or a section of the public, are admitted to any premises, he supplies, or holds himself out as willing to supply, hot food or hot drink to any persons, or to persons of a particular description, on or from those premises, whether for consumption on or off the premises'

This legislation will apply to both restaurants and 'take-away' premises operating for the six hours between 11pm and 5am. There are a number of exceptions to the requirement of a licence

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