Late Night Refreshment Licensing

A Premises Licence under the Licensing Act 2003 is needed to sell hot food or hot drink between 11pm and 5am.

This covers both premises that had a Late Night Refreshment House Licence under the old licensing system, and also late night take-aways and fast-food outlets that did not need a licence before.

When is a Licence Needed?

Late night refreshment means:

• supply of hot food or hot drink to the public, for consumption on or off the premises, between 11pm and 5am

• or supply of hot food or hot drink to any persons between those hours on or from premises to which the public has access

Food or drink is "hot" for the purposes of the Act if it is heated on the premises or elsewhere before it is supplied for the purpose of enabling it to be consumed at above ambient air temperature, or if it may be heated on the premises for this purpose after it is supplied.

Changes Affecting Take-aways and Fast Food Outlets

Late night take-aways and fast-food outlets previously only needed a licence in London. The Licensing Act 2003 extends this to all of England and Wales.

The Government feels this is necessary to protect local residents because premises which serve late night refreshment can be used by customers who may have been drinking at other premises earlier in the evening, thereby creating the potential for disorder on and near the premises.

Because large numbers of customers may gather at places serving late night refreshments, there is a potential for nuisance and disturbance for local residents.

The government hopes the new licensing system will help drive up standards in the late night hospitality sector and encourage greater diversification of the evening economy.

What Can You Provide Without a Licence?

There are various exemptions, where you will not need a licence, including:

• vending machines - where the public serve themselves - and staff canteens
• when hot food or hot drink is supplied free of charge, or supplied by a registered charity

Use the links from this page to find out more about providing late night refreshment, with answers to common questions, including more about exemptions.

Applying for a Licence

If you wish to provide late night refreshment, go to our Apply for a Licence section to get application forms, with guidance on how to apply in Eastbourne.