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Takeaway licence poser

Do I need a Premises Licence to sell hot food after 11pm?

Q: I own a takeaway premises and have been told that I need to apply for a Premises Licence in order to sell hot food after 11pm even though I have no intention of selling alcohol. Do I need to have a Premises Licence and do I need to apply for both indoors and outdoors if my customers take the food away?

A: Currently a Premises Licence is required by the Licensing Act to serve hot food and drinks between the hours of 23:00 and 05:00. Whilst there are exemptions to this requirement, as you are a takeaway you do not fall into one of the categories which would benefit from the exemptions available, such as private members clubs, hotels, guests houses and premises who have a primary function providing facilities for overnight accommodation.

There has always been some confusion about the selection of indoors and outdoors on the application. This is I believe because of the proximity of the supply of alcohol section. The selection of indoors and outdoors refers to where the provision of the late night refreshment takes place. For example, outdoors may be a burger van whilst indoors will refer to the traditional takeaway where the food is served over the counter and is therefore served inside the premises.

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