The Unlicensed Place of Refreshment Wages Council (Variation) Order 1987

3.  In this Schedule the following expressions have the meanings hereby assigned to them:—

“catering contracting business” means a business or part of a business wholly or mainly engaged in supplying food or drink for immediate consumption:—

(a)

on premises not ordinarily occupied by the person or body of persons carrying on the business; or

(b)

in a railway train where the business is carried on otherwise than by a railway company;

and any activities incidental or ancillary thereto;

“catering undertaking” means any undertaking or any part of an undertaking which consists wholly or mainly in the carrying on (whether for profit or not) of one or more of the following activities, what is to say, the supply of food or drink for immediate consumption, the provision of living accommodation for guests or lodgers or for persons employed in the undertaking and any other activity so far as it is incidental or ancillary to any such activity as aforesaid of the undertaking;

“central catering establishment” means an establishment wholly or mainly engaged in the preparation of food or drink for immediate consumption at two or more places of refreshment carried on by the person or body of persons carrying on the establishment but does not include an establishment wholly or mainly engaged on the preparation of food or drink for consumption on the same premises or in the same building as those on which or as that in which the establishment itself is carried on;

“industrial or staff canteen undertaking” means an undertaking or any part of an undertaking which is wholly or mainly engaged in supplying food or drink for immediate consumption and activities incidental or ancillary thereto, and which is carried on for the use of employed persons in connection with their employment:—

(a)

by their employer or employers; or

(b)

by the employed persons themselves; or

(c)

by the employed persons and their employer or employers jointly; or

(d)

by any other person or body of persons in pursuance of an arrangement or arrangements with the employer or employers of the employed persons, or with the employed persons themselves, or with the employed persons and their employer or employers jointly; or

(e)

by a dock authority or by a person or body of persons under an arrangement with a dock authority;

but excluding any such undertaking carried on:—

(a)

directly by the Crown; or

(b)

by an employer or by workers and their employer jointly, wholly or mainly for the use of workers employed by the employer:—

(i)

in the business of supplying food or drink for immediate consumption by the general public; or

(ii)

at or in connection with a shop, if the shop includes a restaurant, cafe or similar place where meals are served to the general public; or

(iii)

at or in connection with an hotel, boarding house, hostel or other similar establishment; or

(iv)

at or in connection with any hospital, nursing home or other similar establishment; or

(v)

at or in connection with any university, college, school or other similar establishment; or

(c)

directly by the British Railways Board (not being an undertaking carried on by a committee of management of employees of the British Railways Board).

For the purpose of this definition“dock authority” means any person or body of persons whether incorporated or not who are authorised to construct or are owners or lessees of any dock authorised by or under any Act, and“dock” includes a wharf or quay.

“place of refreshment” means any place which is used either regularly or occasionally as or for the purposes of a restaurant, dining room, cafe, tea shop, buffet or similar place, or a coffee stall, snack bar, or other similar stall or bar;

“residential establishment” means an establishment which either contains four or more rooms ordinarily available as sleeping accommodation for guests or lodgers or, if it contains less than four such rooms, which contains sleeping accommodation ordinarily available for not less than eight guests or lodgers;

“unlicensed place of refreshment” means any place of refreshment where intoxicating liquor:—

(a)

cannot legally be sold (or supplied in the case of a restaurant, dining room, buffet or bar at a club) for consumption on the premises; or

(b)

can legally be so sold or supplied by reason only of the fact that an occasional licence in relation to that place is for the time being in force, being a licence granted to some person other than the person carrying on, or a person in the employment of the person carrying on, the activities (other than the supply of intoxicating liquor) of a catering undertaking at that place.