For the purposes of the Licensing Act 2003, the provision of 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 or the supply of hot food or hot drink to any persons between those hours on or from premises to which the public has access.

Food or drink is "hot" for the purposes of the Act if it is heated on the premises or elsewhere before it is supplied for the purpose of enabling it to be consumed at above ambient air temperature, or if it may be heated on the premises for this purpose after it is supplied.

The Act provides for a number of supplies to be exempt supplies which will not constitute the provision of late night refreshment. Examples are

• the provision of hot drink by vending machines in certain circumstances;
• where the hot food or hot drink is supplied free of charge;
• or where it is supplied by a registered charity.

By including late night take-aways and fast-food outlets within the remit of the Act extends the licensing regime which previously operated in most of London to all of England and Wales. The Government felt this was necessary to protect local residents because premises which serve late night refreshment can be used by customers who may have been drinking at other premises earlier in the evening, thereby creating the potential for disorder on and near the premises. Also, because large numbers of customers may gather at places serving late night refreshments, there is a potential for nuisance and disturbance for local residents. The regulation of late night refreshment tackles these issues and allows residents and other interested parties and responsible authorities to make representations about applications for new and variations to existing licences, and to seek reviews of licences where they are concerned that the licensing objectives will be or have been affected.

I am the owner of a late night take away shop. I've never needed a licence before, will I need one now?

Yes. The Act regulates licensing laws across England and Wales, which means that late night take-aways and cafes now need an authorisation to serve hot food or drink to the public on or from the premises between 11pm and 5am.

Will a supermarket be covered by the provision for late night refreshment?

Yes, if a supermarket is heating food or drink for consumption, whether on or off the premises between 11pm and 5am or provides facilities to enable the food or drink to be heated a late night refreshment licence is required. However, if a supermarket is selling only cold food and drink and not providing facilities to enable the food or drink to be heated on the premises, then a licence authorising the provision of late night refreshment is not required.

Will a vending machine be covered by the provision for late night refreshment?

Vending machines supplying hot drinks are exempt so long as the payment for the drink is inserted into the machine by a member of the public and the hot drink is supplied to a member of the public directly by the machine.