Restaurant and Takeaway Licences: Complete Guide to Restaurant and Takeaway Licensing in England and Wales

If you are planning to open a restaurant or takeaway, understanding the licences you need is essential.

Our specialist licensing solicitors help restaurants and takeaways across England and Wales obtain the licences required to trade legally, including premises licences, personal licences, variations, transfers, and provide licensing advice for new openings, acquisitions, and existing businesses.

As the largest firm of licensing solicitors in the UK, brands including Wagamama, Bill’s, Wingstop, Burger King, PizzaExpress, Five Guys and KFC along with hundreds of independent restaurants and takeaway businesses rely on our licensing expertise.

For immediate advice on a restaurant or takeaway licence, call our licensing solicitors on 0115 953 8500 or 0203 953 8500.

Licensing a Restaurant or Takeaway in the UK

One of the most common questions we receive is:

What licences do I need to open a restaurant or takeaway?

The answer depends on the activities your business intends to carry out.

For restaurants and takeaways in England and Wales, the most important licence is often a Premises Licence under the Licensing Act 2003.

A Premises Licence is required if your restaurant or takeaway intends to:

• Sell alcohol for consumption on the premises.
• Sell alcohol for takeaway or delivery.
• Provide late night refreshment (hot food or hot drinks) between 11pm and 5am.
• Provide regulated entertainment, such as live music, recorded music, DJs or karaoke.

If your restaurant or takeaway does not sell alcohol, or only sells hot food and drink between 5am and 11pm, a premises licence is not required. However, it is wise to always seek specialist legal advice before trading.

Restaurant and Takeaway Premises Licence Applications

Obtaining a restaurant licence or takeaway licence can be straightforward in some locations, but in others the process can become complex, particularly where representations (objections) are received.

Before submitting a Premises Licence application, you should consider factors such as:

• The location of the premises.
• Nearby residential properties.
• Proposed opening hours.
• Capacity levels.
• Existing licensing issues within the area.
• Whether the premises is located within a cumulative impact area or special policy zone. These areas are where the local council presumes to refuse new premises licences because they feel that there is already has a high density of venues, and any further premises licences granted might add negatively on the four licensing objectives, listed below.

These factors can significantly affect the likelihood of objections, known legally as representations.

Representations can be submitted by:

• Local residents.
• Nearby businesses.
• Community groups and residents’ associations.
• Responsible authorities, including:
  • The Police.
  • Environmental Health.

Any representation submitted must relate to one or more of the four licensing objectives:

• Prevention of crime and disorder.
• Public safety.
• Prevention of public nuisance.
• Protection of children from harm.

If you cannot resolve these representations through negotiation with the relevant parties, the application will proceed to a Licensing Committee hearing. It is best to do all that you can to avoid hearings as now only they cost money; you might end up being granted a licence that is not fit for your businesses. For example, it might have

• Reduced opening hours.
• Restrictions on alcohol sales.
• Restrictions on hours for dine in or your drive through lane.
• Additional operating conditions.
• Security requirements such as the need for door staff.

And in worse case scenarios, your premises licence application might get refused altogether!

For this reason, many restaurant and takeaway operators seek specialist licensing advice before submitting an application.

What Is the Premises Licence Application Process for a Restaurant or Takeaway?

The restaurant and takeaway licence application process generally involves the following stages:

1. Determine Your Operating Hours and Licensable Activities

You must identify:

• Opening hours.
• Alcohol sales hours.
• Late night refreshment hours.
• Entertainment activities.
• Whether alcohol will be consumed on-site, off-site, both or not at all.
• Whether you are selling for delivery or dine in or both.

2. Prepare an Operating Schedule

The operating schedule explains how your restaurant or takeaway will promote the licensing objectives and manage issues such as:

• Noise control.
• Customer dispersal.
• Age verification.
• Staff training.
• Public safety.

3. Produce a Compliant Layout Plan

The plan must show:

• Property boundaries.
• Entrances and exits.
• Escape routes.
• Staircases and levels.
• Toilet facilities.
• Alcohol service areas.
• Food service areas.
• Areas used for entertainment.

4. Appoint a Designated Premises Supervisor (DPS)

Where alcohol is sold, a Designated Premises Supervisor must be specified.

The DPS must hold a valid Personal Licence.

6. Submit the Premises Licence Application

Applications are normally submitted to the relevant local authority together with supporting documentation and the appropriate fee.

Do I Need a Personal Licence to Operate a Restaurant or Takeaway?

A personal licence is only required if your restaurant or takeaway intends to sell alcohol. If no alcohol sales take place, a personal licence is generally not required.

To obtain a personal licence, applicants must:

• Be aged 18 or over.
• Have the right to work in the UK.
• Hold an accredited qualification, typically the BIIAB Level 2 Award for Personal Licence Holders (APLH).
• Pass the relevant Disclosure and Barring Service (DBS) checks.

Certain criminal convictions, including drink-driving offences, may affect an application and can result in police objections or a Licensing Committee hearing.

Do I Need to Register My Restaurant or Takeaway With the Local Authority?

Yes. All food businesses, including restaurants as a food business, takeaways, cafés, food delivery businesses and dark kitchens, must register with their local authority.

Registration must normally be completed at least 28 days before food operations begin. Failure to register can result in enforcement action.

Do I Need a Licence to Play Music in a Restaurant?

If your restaurant intends to provide live music, recorded music, DJs or karaoke, this should be considered as part of your premises licence application.

Many restaurant operators mistakenly assume a licence is only required for alcohol sales. However, entertainment activities can also require licensing consideration.

In addition to a premises licence, restaurants that play copyrighted music will often require a music licence from PPL and/or PRS.

How We Can Help!

At Poppleston Allen, we have a team of expert solicitors that can help you obtain all the current licenses to ensure your restaurant or takeaway obeys all relevant rules and regulations. To speak to us, contact us or fill out the form below.