Deregulation Act 2015

71 Late night refreshment

(1) Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) is amended as follows.

(2) In paragraph 1(1) (definition of “provides late night refreshment”), in the words after paragraph (b), after “paragraph” insert “2A,”.

(3) After paragraph 2 insert—

“Exempt supplies: designated areas, descriptions of premises and times

2A (1) The supply of hot food or hot drink is an exempt supply for the purposes of paragraph 1(1) if it takes place—

(a) on or from premises which are wholly situated in an area designated by the relevant licensing authority;

(b) on or from premises which are of a description designated by the relevant licensing authority; or

(c) during a period (beginning no earlier than 11.00 p.m. and ending no later than 5.00 a.m.) designated by the relevant licensing authority.

(2) A licensing authority may designate a description of premises under sub-paragraph (1)(b) only if the description is one that is prescribed by regulations.

(3) A designation under sub-paragraph (1) may be varied or revoked by the licensing authority that made it.

(4) A licensing authority that makes, varies or revokes a designation under sub-paragraph (1) must publish the designation, variation or revocation.

(5) In sub-paragraph (1) references to the “relevant licensing authority”, in relation to a supply of hot food or hot drink, are references to—

(a) the licensing authority in whose area the premises on or from which the food or drink is supplied are situated, or

(b) where those premises are situated in the areas of two or more licensing authorities, any of those authorities.”