Licensing Act 2003

Schedule 2 – Provision of late night refreshment

303. For the purposes of the Act, late night refreshment means the supply of hot food or hot drink to the public, for consumption on or off the premises, between 11pm and 5am. It also means the supply of hot food or hot drink between those hours on premises to which the public has access. The Schedule contains a definition of “hot” for the purposes of the Act.

304. Certain supplies are not covered by the definition of late night refreshment, including:

a)

supply to guests of hotels or similar premises, e.g. guest houses, lodging houses, caravan or camping sites or other premises supplying accommodation as their main purpose

b)

supply to members of recognised clubs

c)

supply to employees of a particular employer – for example, where refreshment is made available to employees whose shift patterns require them to be present at the workplace between 11pm and 5am

d)

premises already licensed under certain other Acts – for instance those used as “near beer” premises in London (where certain descriptions of non-alcoholic beverages are sold).

There are specific exemptions for the provision of hot food or drink by vending machines (where the money is inserted by members of the public rather than the staff at the premises), food or drink supplied free of charge, or by a registered charity.