Late night refreshment involves the supply of ‘hot food and hot drink’ between the hours of 11pm and 5am.
The Licensing Act 2003 affects premises such as night cafes and takeaway food outlets where people may gather at any time from 11pm until 5am.
Supply takes place when the hot food or hot drink is given to the customer and not when payment is made. For example, supply takes place when a table meal is served in a restaurant or when a takeaway is handed to a customer over the counter.
Shops, stores and supermarkets selling cold food and cold drink that is immediately consumable from 11pm are not licensable as providing late night refreshment.
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