Guides / Licensing / 3 min

Late night refreshment: the licence a takeaway needs

Why a takeaway or café that sells no alcohol can still need a premises licence, and what a late night refreshment application tells a supplier.

Published

A premises licence is not only about alcohol. Under the Licensing Act 2003, supplying hot food or hot drink to the public between 11pm and 5am is “late night refreshment”, a licensable activity in its own right. A takeaway or a late café that trades into the night needs a licence for it, whether the food is eaten on the premises or taken away.

What it tells a supplier

  • An application that asks only for late night refreshment is usually a takeaway or a late-opening food business, not a bar.
  • The hours applied for tell you how the business plans to trade.
  • Where a hot food takeaway is opening in a unit that was something else, expect a planning application too. In England a takeaway sits outside the use classes, so the change of use needs permission.

A small takeaway buys less than a new restaurant or bar, so these records often sit in a lower tier in CiviFlow. They still matter to suppliers of commercial kitchens, extraction and refrigeration.

Sources

  1. Licensing Act 2003, Schedule 2 (provision of late night refreshment)
  2. Licensing Act 2003, section 1 (licensable activities)
  3. The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (as made)

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