Late Night Refreshment

If you will be providing late night refreshment at any time between 11pm and 5am and you supply hot food or hot drink, either on or off the premises (which includes vehicles), to the public, or a section of it, for consumption on or off the premises.

Owners of takeaway premises should note that under this legislation they must apply for a licence if they open after 11pm as opposed to midnight under the previous night cafe legislation.

Food or drink is considered to be hot if it, or any part of it, is heated before it is supplied, or may be heated on the premises after supply, to a temperature above the ambient air temperature at the time.

Exemptions
Supplying hot food and drink to:

• Members of a recognised club
• Residents or guests of particular hotels, guest houses, lodging houses, hostels, caravan sites, camping sites, or other premises whose main purpose is providing overnight accommodation for the night in question 
• Employees 
• People engaged in particular trades, professions or vocations 
• A guest of any of the above

Supplying hot food and drink where:

• A public exhibition licence has been granted under section 21(1) of the Greater London Council (General Powers) Act 1963
• The premises is licenced as near beer premises under section 16 of the London Local Authorities Act 1995 by virtue of a licence under that Act.

Supplies of hot:

• Drink consisting of or containing alcohol
• Drink by means of a vending machine if payment is inserted into the machine by a member of the public and the hot drink is supplied directly by the machine to the public
• Food or drink free of charge unless a charge is made to enter the premises or for any other item
• Food or drink by a registered charity (or one not required to register) or persons authorised by them.
• Food or drink on a vehicle that is not temporarily or permanently parked