Deregulation of late night refreshment from 5 November 2015

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If your premises supplies hot food or drink after 11pm, you should be aware of the changes to Late Night Refreshment licensing regime that come into force on 5 November 2015.

At the moment, any premises providing hot food or hot drink between 2300 and 0500 needs a premises licence under the Licensing Act 2003.

From 5 November 2015 licensing authorities will be able to exempt supplies of hot food and drink that take place:

 - On or from premises which are wholly situated in a designated area (defined by the local authority); and/or

 - During a designated period between 11pm and 5am; and/or

 - On or from premises of a designated description. These include:-

  • Motorway service areas
  • Petrol stations
  • Local authority premises, community premises and schools (subject to capacity limits)
  • Hospitals
  • Licensed premises authorised to sell by retail alcohol for consumption on the premises between 11pm and 5am.

More than one type of exemption can be in force at the same time.

Any conditions on an existing premises licence relating only to LNR do not apply whilst the exemption is in force.

Each licensing authority has complete discretion whether to implement any of these changes. It must consult on and publicise any changes, and update its policy statement as soon as possible

More detailed information can be found the following documents:

Guidance on the licensing of late night refreshment

The Licensing Act 2003 (Late Night Refreshments) Regulations 2015