Does your takeaway need a licence to sell hot food after 11pm? In England and Wales, yes: supplying hot food or hot drink to the public between 11.00 p.m. and 5.00 a.m., on or from your premises, is a licensable activity called late night refreshment. Supply happens when the food is handed over, not when it is paid for. Cold food and cold drink are not licensable as late night refreshment. Trading without authorisation is an offence, with up to six months in prison or a fine, or both. For delivery after 11pm, plan as if a licence is needed and confirm with your licensing authority in writing.
What the film covers
- The Friday that ran an hour late
- Does a takeaway need a licence to sell hot food after 11pm?
- What counts as hot food or hot drink?
- Is cold food a late night licence matter?
- Supply happens at handover, not at payment
- Why the law exists
- The clocks on one page
- Late night refreshment exemptions
Questions the film answers
- Do I need a licence for hot food delivery after 11pm?
The Act covers supply "on or from any premises, whether for consumption on or off the premises", and the Guidance puts supply at handover. Neither text says in terms how delivery after 23.00 is treated. Plan as if a licence is needed, and confirm with your licensing authority in writing before taking delivery orders after 23:00.
- Is cold food or a sandwich licensable after 11pm?
No. Section 182 Guidance 3.13 says shops, stores and supermarkets selling only cold food and cold drink from 23.00 are not licensable as providing late night refreshment. On the Act's definition of hot, a toasted sandwich or a reheated pie is heated for consumption above ambient temperature, so it is covered.
- How much does a late night refreshment licence cost and how long does it take?
The fee depends on the rateable value band, from a £100 application and £70 a year in Band A to £635 and £350 in Band E, as set in the 2005 Fees Regulations as made; confirm the current fee with your council. The notice runs for 28 consecutive days, longer if representations lead to a hearing.
- Can my council exempt me from the licence?
Possibly. Schedule 2 paragraph 2A lets a licensing authority designate an area, a description of premises or a period as exempt, but authorities do not have to use the power. Ask your council whether it has designated anything covering your premises, and keep the reply.
- What if I keep trading while the application is pending?
You are carrying on a licensable activity without an authorisation, which is an offence under section 136, punishable by up to six months in prison, a fine, or both. The guidance says the fine is unlimited. Keep the kitchen to 23:00, or cold items only, until the grant is notified.
- Does my pub or restaurant licence already cover hot food after 11pm?
Only if late night refreshment is among the licensable activities on it for those hours. It is a separate licensable activity from selling alcohol. The guidance expects that late night refreshment as a secondary activity in licensed premises needs no significant additional conditions, but the activity still has to be authorised.