Guide
Late night refreshment licence
Understand when you need authorisation to supply hot food or drink between 11pm and 5am. Covers what counts as late night refreshment, exemptions, local authority deregulation powers, the application process, and devolved nation differences.
If you supply hot food or hot drink to the public between 11pm and 5am, you need authorisation under the Licensing Act 2003. This is known as late night refreshment and it is a licensable activity.
Authorisation is usually obtained as part of a premises licence (alongside alcohol sales or entertainment), but you can apply for a premises licence covering late night refreshment alone if you do not sell alcohol.
What counts as late night refreshment
Late night refreshment is the supply of hot food or hot drink to the public between 11pm and 5am. Food or drink is considered 'hot' if it is heated on the premises or supplied at a temperature above the ambient air temperature, and it is supplied to be consumed hot.
This includes:
- Takeaways serving hot food after 11pm
- Restaurants serving hot meals past 11pm
- Delivery services providing hot food between 11pm and 5am
- Late-night cafes serving hot drinks after 11pm
- Mobile catering vans operating in the late-night period
- Supermarkets or garages heating food for customers after 11pm
- Regulated hours
- 11pm to 5am
- Definition of "hot"
- Above ambient air temperature at the time of supply, and intended to be consumed hot
- Application route
- Premises licence or club premises certificate (can be standalone or combined with alcohol)
- Application fee
- £100 to £635 (based on rateable value, same bands as alcohol premises licence)
- Annual fee
- £70 to £350 (same bands, but no alcohol multiplier)
- Consultation period
- 28 days
- Legal basis
- Licensing Act 2003, Schedule 2
Statutory exemptions
Certain supplies of late night refreshment are exempt and do not require authorisation:
- Supplies to employees: Hot food or drink supplied to employees working on the premises (e.g., a factory canteen)
- Hotel and guesthouse guests: Supplies to guests staying overnight
- Members' clubs: Supplies to members and their guests at qualifying clubs
- Vending machines: Hot drinks from vending machines (no human intervention in the supply)
- Transport premises: Supplies on trains, aircraft, or at designated motorway service areas
- Charitable purposes: Some supplies by registered charities where the food/drink is provided free or for a nominal charge
Local authority exemption powers
Since the Deregulation Act 2015, licensing authorities in England and Wales can exempt certain premises from the requirement to be licensed for late night refreshment. A council can:
- Exempt a type of premises (e.g., all cafes in the council area)
- Exempt premises in a specific geographic area (e.g., away from the night-time economy)
- Change the regulated hours in their area (e.g., from midnight to 5am instead of 11pm to 5am)
Not all councils have adopted these exemptions. Check with your local licensing authority whether any local exemptions apply to your premises.
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1. Determine whether you need authorisation
Check whether your supply of hot food or drink falls within the regulated hours (11pm to 5am) and whether any statutory exemptions or local authority exemptions apply. Contact your local council's licensing team if you are unsure.
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2. Include late night refreshment in your premises licence application
If you are also applying for alcohol sales or entertainment, add late night refreshment to your operating schedule on the same application. If you only need late night refreshment authorisation, apply for a standalone premises licence.
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3. Address the licensing objectives in your operating schedule
Describe how you will promote the four licensing objectives, particularly the prevention of public nuisance (noise, litter, anti-social behaviour) and the prevention of crime and disorder. Late-night takeaways often attract conditions around CCTV, litter management, and opening hours.
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4. Submit to the licensing authority and advertise
Submit the application with the correct fee (£100-£635 based on rateable value), display a notice at the premises for 28 days, and place a newspaper advertisement within 10 working days.
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5. Respond to any representations
If responsible authorities or residents object, a hearing will be held. Common conditions attached to late night refreshment premises include CCTV requirements, door supervision, limits on delivery hours, and waste management obligations.
Conditions commonly attached to late night refreshment premises
Licensing authorities frequently impose conditions on late night refreshment premises, particularly takeaways. Common conditions include:
- CCTV covering the premises frontage and serving area
- A litter management plan covering the immediate area
- Restriction on delivery hours
- Requirements for door supervisors at peak times
- A 'last orders' policy to manage queuing
Late Night Levy
Some local authorities have adopted a Late Night Levy - an annual charge on premises licensed to sell alcohol between midnight and 6am. If your council operates a levy, it applies in addition to your annual premises licence fee. At least 70% of levy revenue goes to the police to fund late-night policing; the remainder goes to the council for managing the night-time economy.
The levy is not connected to late night refreshment specifically - it applies to all premises with alcohol hours extending past midnight. However, if your business also provides late night refreshment, you should factor both the annual licence fee and any levy into your costs.