The Licensing Act creates 'four licensable activities', which are as follows;

• The sale of alcohol to the public
• The supply of alcohol to club members and their guests
• The provision of regulated entertainment
• The provision of late night refreshment

If you operate a take away business offering late night refreshment and are open between 11pm and 5am you must be authorised by Guildford Borough Council. An authorisation can be a Premises License or Temporary Event Notice.

Late night refreshment is defined under the Act as the supply of hot food or drink to the public or a section of the public on or from any premises whether for the consumption on or off the premises (Mobile units included) between 11pm and 5am. This requirement includes takeaways, restaurants and places such as garages or service stations that sell hot food.

A Premises License can authorise the holder of the licence to use their premises for licensable activities, which includes late night refreshment. Operating conditions may be attached to the premises licence, promoting the licensing objectives which are;

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

Unless a limited duration is specified in the operating conditions, a premises licence will be valid indefinitely, unless revoked. An annual fee is payable in the anniversary of the grant of each licence.

Other licences required under the new system include a Temporary Event Notice (TEN) for the use of the premises for one or more licensable activities. This includes late night refreshment, for a period of up to 96 hours for up to 499 people.

Exemptions to the requirement for an authorisation to provide late night refreshment are stated in Schedule 2 of the Licensing Act. Please contact the Licensing Team, using the details at this bottom of this page to clarify the stated exemptions.

The provision of Late night Refreshment refers to any provision between 11 pm and 5 am of hot food or drink.

It does not include refreshments:

• Given away for free (but if any admission is charged or a charge is made for some other item then the activity still requires a licence e.g. charging admission but giving away refreshment.
• Supplied by a registered Charity
• Hot drinks by a vending machine. The vending machine however must be fully automated, collect the money within it and dispense the drink (The sort normally found in waiting rooms). This exception does not cover the provision of such drinks from a customer or staff operated machine in a restaurant or café.

Resident Guests
It does not apply to hotel or guesthouse guests supplied by that hotel on a night they are staying, nor does it apply to persons camping on a site or staying at a holiday park similarly supplied. It does not apply to staff canteens for the staff of that employer (and guests) or for the provision for any trade or vocation only (such as a taxi drivers refreshment hut used only for drivers and staff). It also does not apply to members of a recognised club (such as refreshments at a local sports club) but it must be a recognised club. Thus a club formed of ‘ late night refreshment eaters’ for instance, to try and get around the act would not be a recognised club.

Does it affect me?
If you run a takeaway, stall or burger van business, the act does not affect you if you close prior to 11pm or open after 5 am.

If you intend to make an application please contactthe Licensing Team for further information:

Licensing Team
Guildford Borough Council
Millmead House
Millmead
Guildford
Surrey
GU2 4BB

Tel: 01483 444371
Email: licensing@guildford.gov.uk