Does my Takeaway Need a Premises Licence if I don’t Sell Alcohol?

Eleanor Jordan, Solicitor

It is a common misconception that a takeaway only needs a premises licence if it sells alcohol. The truth is that if you propose to supply hot food and/or hot drink between the hours of 11pm and 5am, you will require a premises licence, as this is deemed a licensable activity known as the ‘provision of late-night refreshment’.

What exactly is ‘hot’ food and ‘hot’ drink?

Food and/or drink is considered to be ‘hot’ if, before it is supplied, it is heated to be consumed at a temperature above the ambient air temperature and at the time it is supplied, it is above that temperature.

The word ‘supply’ is key here and this takes place when the food and/or drink is handed to a customer, not when money is exchanged.

Why is this a licensable activity?

The provision of late-night refreshment is regulated because establishments that sell hot food and/or hot drink during these hours can sometimes suffer from alcohol-fuelled crime and disorder because many operate in close proximity to other venues in the night-time economy.   Late night drinkers sometimes congregate near takeaways at the end of the evening and for this reason, they are brought into the regulatory regime of the Licensing Act 2003.

Are there any exemptions to this rule?

There are some situations where a licence isn’t required – for example if the food or drink is supplied to a hotel resident, or if it is purchased from a vending machine.  However, restaurants, pubs, bars and takeaways are all required to be licensed if providing food and drink between the hours of 11pm and 5am.  Operating without such permission is a criminal offence, with serious penalties on conviction.

Can you help me apply for a premises licence?

If you wish to discuss applying for a premises licence for your takeaway business, please don’t hesitate to contact our Licensing department on 0161 838 7888 or email info@kuits.com.