SCHEDULES

SCHEDULE 2Provision of late night refreshment

Miscellaneous exempt supplies

5

1

The following supplies of hot food or hot drink are exempt supplies for the purposes of paragraph 1(1)—

a

the supply of hot drink which consists of or contains alcohol,

b

the supply of hot drink by means of a vending machine,

c

the supply of hot food or hot drink free of charge,

d

the supply of hot food or hot drink by a registered charity or a person authorised by a registered charity,

e

the supply of hot food or hot drink on a vehicle at a time when the vehicle is not permanently or temporarily parked.

2

Hot drink is supplied by means of a vending machine for the purposes of sub-paragraph (1)(b) only if—

a

the payment for the hot drink is inserted into the machine by a member of the public, and

b

the hot drink is supplied directly by the machine to a member of the public.

3

Hot food or hot drink is not to be regarded as supplied free of charge for the purposes of sub-paragraph (1)(c) if, in order to obtain the hot food or hot drink, a charge must be paid—

a

for admission to any premises, or

b

for some other item.

4

In sub-paragraph (1)(d) “registered charity” means—

a

a charity which is registered under section 3 of the Charities Act 1993 (c. 10), or

b

a charity which by virtue of subsection (5) of that section is not required to be so registered.