At TV Edwards, our licensing solicitors can provide expert advice and representation for businesses that need a late night refreshment licence.
Whether you operate a takeaway, restaurant, nightclub, café, or delivery business, we can help you get the correct licence and thereafter protect your ability to trade legally.
A licence is required if you wish to supply hot food or hot drinks between 11pm and 5am. Many business owners are unaware that this applies to takeaways, late-night cafés, and delivery-only kitchens, which can result in serious legal consequences if proper authorisation is not put in place.
We have decades of experience advising businesses across London and the wider country. Our licensing solicitors provide clear, practical advice to help you get your licence efficiently and without enforcement action.
I have found the solicitors to be a very committed group of individuals who have a genuine desire to act in the very best interest of their client.
Legal 500 UK (2023)
Need a Late Night Refreshment Licence? Contact Us Today
If you are planning to open a late-night food business or you have been told you need a late night food licence, early legal advice is crucial. We can help you with new licence applications, variations, and with defending enforcement action. Our solicitors regularly advise:
- Takeaways and fast food operators
- Restaurants and cafés
- Nightclubs and bars
- Food delivery and dark kitchens
- Event venues and entertainment spaces
We provide expert guidance throughout the entire late night refreshment licence application process.
What is a Late Night Refreshment Licence?
Under the Licensing Act 2003, a late night refreshment licence is required if your business supplies hot food or hot drinks to the public between 11pm and 5am. This includes:
- Food served on the premises
- Takeaway food collected by customers
- Food delivered to customers
- Hot drinks served late at night
The licence is typically included within a premises licence, but it must be specifically applied for and authorised.
Takeaways, late-night restaurants, cafés, nightclubs, and food delivery places are all businesses that commonly require a late night refreshment licence.
Late Night Refreshment Application Process
Applying for a late night refreshment licence involves submitting an application to your local authority. The application will need detailed information about your premises, the hours you propose to open, and how you will promote the licensing objectives. The process typically involves:
- Preparing and submitting the licence application
- Providing a plan for the premises and some supporting documentation
- Completing the 28-day consultation period
- Responding to any objections from authorities or residents
- Attending licensing hearings if required to do so
If objections are raised, you might be required to negotiate or represent your application at a licensing hearing. Our solicitors manage this process fully to improve your chances of succeeding.
Penalties for Operating Without a Late Night Refreshment Licence
Operating without the correct licence is a criminal offence under section 136 of the Licensing Act 2003. This can result in serious consequences for your business and reputation.
Potential penalties include unlimited fines, criminal prosecution, closure orders, licence refusal or revocation, and damage to your business reputation. With early legal advice, you can minimise the chances of enforcement action, and resolve any licensing issues quickly.
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How Our Licensing Solicitors Can Help
TV Edwards’ licensing and regulatory team regularly assists businesses that are facing investigation and prosecution under the law. We can help with:
- New late night refreshment licence applications
- Takeaway licence and nightclub licence applications
- Licence variations and extensions
- Responding to objections from authorities
- Defending enforcement action and prosecutions
Our approach is proactive, working with local authorities to secure licences in an efficient way, protecting our clients’ businesses.
Why Choose TV Edwards?
- Highly ranked in legal directories – Legal 500 and Chambers UK
- Immediate emergency support – call us on 0203 440 8000
- Specialist representation – police station advisers, solicitors, and higher court advocates
- Hardworking problem-solvers – we fearlessly challenge evidence, protecting your interests
- Honest and down-to-earth – we explain your options compassionately and in plain English
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Frequently Asked Questions
Do I need a late night refreshment licence for a takeaway?
Yes, if your takeaway supplies hot food or drink between 11pm and 5am, you will usually require a late night refreshment licence as part of your premises licence.
How long does a late night refreshment licence application take?
Most late night refreshment licence applications will typically take at least 28 days due to the mandatory consultation period. If any objections are raised, they might cause the process to take longer, and a licensing hearing might be required.
Can I apply for a nightclub licence and late night refreshment licence together?
Yes. Late night refreshment authorisation is usually included within a premises licence, which can also authorise alcohol sales and regulated entertainment.
What happens if I operate without a late night refreshment licence?
This would be a criminal offence and can result in unlimited fines, enforcement action, or the closure of your business. A solicitor can help you apply for the correct licence and resolve any compliance issues that arise.