Late night refreshment licence: what UK takeaways need before selling hot food after 11pm

> In short: In England and Wales, selling hot food or hot drink to the public between 11pm and 5am is "late night refreshment" under the Licensing Act 2003. It needs a premises licence that covers those hours, and the wording includes food that leaves your kitchen for collection or delivery. Some supplies are exempt, and councils can exempt areas, premises types or times. Scotland has its own late hours catering licence that councils choose whether to require. Whatever your licence says, set your online ordering hours to match it.

Late-night trade is a big part of the week for a lot of kebab shops, pizza places, chicken shops and burger shops. It's also the part most likely to bring a visit from the council's licensing team. This guide sets out what the law actually says, what it means for online orders, and what to check before you open past 11pm. It's general information from the legislation and GOV.UK, not legal advice; your council's licensing team has the final word on your premises.

What counts as late night refreshment

Schedule 2 of the Licensing Act 2003 says you provide late night refreshment if, at any time between 11.00pm and 5.00am, you:

• supply hot food or hot drink to members of the public, or a section of the public, on or from any premises, whether it's eaten there or elsewhere; or
• let the public in during those hours and supply, or say you're willing to supply, hot food or hot drink.

"Hot" has a specific meaning. Food or drink is hot if it's heated (on the premises or elsewhere) so it can be eaten above the ambient air temperature and is still above it when supplied, or if it may be heated on the premises after it's supplied. A microwave you let customers use counts.

So a doner, a pizza, chips or a hot coffee sold at 11.30pm all fall in. A chilled can or a cold sandwich on its own doesn't.

Does it cover collection and delivery orders?

The key words are "on or from any premises, whether for consumption on or off the premises". Food that is supplied from your shop for eating at home is covered, so collection and delivery orders that go out hot after 11pm sit inside the definition. Many takeaways only trade late through delivery, and that doesn't take them outside the rules.

If you're not sure how your council treats a borderline case, such as an order placed at 10.50pm that leaves at 11.10pm, ask the licensing team and keep their answer in writing. The simplest safe approach if you're not licensed is to stop taking orders early enough that the last one leaves before 11pm.

What is exempt

The Act lists supplies that are not late night refreshment. The ones a food business is most likely to meet are:

The council designation is worth checking. Since 2015, licensing authorities in England and Wales can exempt whole areas, types of premises or time windows. Few takeaways will fall into one, but if yours does, you won't need a licence for late night refreshment during that window. Your council must publish any designation, so look on its licensing pages or ask.

Getting a premises licence

Late night refreshment is authorised through a premises licence from your council, the same licence used for selling alcohol and regulated entertainment. GOV.UK lists serving hot food and drinks between 11pm and 5am as a licensable activity.

What GOV.UK says the application involves:

1. Apply to your council. You must be 18 or over.
2. Provide your details, a detailed plan of the premises and an operating schedule setting out the hours of each activity. Be accurate about the late hours you want.
3. Display the application notice at or on the premises for 28 days from the day after you submit it, so neighbours and others can comment.
4. Pay the fee. Application fees range from £100 to £1,905, depending on the fee band of your premises, which is based on its rateable value. Premises with no rateable value go into the lowest band.
5. Display the licence summary where it can easily be seen once granted, and keep the rest of the licence on the premises. Police or council officers can ask to see it at any time.

A designated premises supervisor (DPS) with a personal licence is needed when the licence covers alcohol sales. If you only want late night refreshment and don't sell alcohol, check with your council what it needs from you.

Councils can add conditions to a licence. For late-night food these often relate to noise, litter and customers gathering outside. Read your conditions carefully, because breaking them is a separate problem from having no licence at all.

One-off late nights: temporary event notices

If you only want to trade past 11pm for a single event, GOV.UK says a temporary event notice (TEN) can cover late night refreshment. A TEN is for a relatively small event with fewer than 500 people, lasting no more than 168 hours. In England and Wales you can apply online. It isn't a way to run regular late hours.

The penalty for trading without one

Section 136 of the Licensing Act 2003 makes it an offence to carry on a licensable activity without an authorisation (a premises licence, club premises certificate or valid temporary event notice), or to knowingly allow it. On summary conviction the penalty is up to six months' imprisonment, a fine, or both.

Scotland and Northern Ireland

Scotland: the Licensing Act 2003 doesn't apply. Instead, section 42 of the Civic Government (Scotland) Act 1982 provides a late hours catering licence for using premises between 11pm and 5am to sell food to the public, for eating on or off the premises. It's one of the Act's optional licences: under section 9 it only applies where the council has resolved to require it, and the resolution can cover all or part of its area. The council can set the days and hours you may open, with different hours for eat-in and takeaway, and can grant one-off or short exemptions of up to two months in 12. Premises already licensed under the Licensing (Scotland) Act 2005 don't need one.

Northern Ireland has separate licensing law. Ask your council what applies to late food trading before you extend your hours.

Match your online ordering hours to your licence

This is where online ordering trips people up. If your website or app keeps taking orders until midnight but your licence (or lack of one) stops at 11pm, every late order is a risk.

In Chefzi, the closing time you set for each service is the cut-off for orders, unless you choose to allow orders outside hours. That means you can line up your hours with your licence:

• Not licensed for late night refreshment: set the closing time early enough that the last orders are cooked and out before 11pm, and turn off orders outside hours.
• Licensed until a set time: set each day's closing time to match the hours in your operating schedule, including different hours on different days if your licence has them.
• Different delivery and collection hours: if your council has set different hours for eat-in and takeaway (common in Scotland), set each service's hours to match.

The step-by-step settings are in our post on opening hours and scheduled orders. Check your delivery zones at the same time, since late-night drivers often cover a smaller area.

A pre-11pm checklist

1. Find your council's licensing pages and check for any late night refreshment designation that covers your area or premises type.
2. If you trade past 11pm, find your premises licence and check it lists late night refreshment and the hours you actually trade.
3. Read the conditions on the licence (noise, litter, closing procedure) and brief staff.
4. Set your online ordering closing times, per service and per day, to match the licence.
5. Make sure the licence summary is on display.
6. Starting a new shop? Build licensing into your plan alongside registration and hygiene; see our guide to starting a takeaway business and the food hygiene rating guide.

How Chefzi fits in

Chefzi gives UK restaurants and takeaways their own ordering website and order app with 0% commission and no setup fee. After the free period it's £9 a month without card payments or £19 a month with card payments through your own Stripe account. Third-party apps take on average up to 25% commission per order. See Chefzi pricing, and what Chefzi does not do. Chefzi doesn't apply for licences or give legal advice; it lets you control exactly when orders come in.

Frequently asked questions

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

In England and Wales, yes in most cases. Selling hot food or hot drink to the public between 11pm and 5am is late night refreshment, a licensable activity under the Licensing Act 2003, so you need a premises licence that covers it, or a temporary event notice for a one-off event.

Does late night refreshment cover delivery and collection?

The Act covers hot food supplied on or from premises, whether it is eaten there or somewhere else. That wording takes in collection and delivery orders that leave your kitchen hot after 11pm. If you're unsure how your council reads it, ask its licensing team before you trade.

What counts as hot food?

Food or drink that is heated so it can be eaten above room temperature and is still above it when sold, or that is heated on the premises after it is sold. Cold sandwiches or chilled drinks on their own are not hot food.

How much does a premises licence cost?

GOV.UK says application fees range from £100 to £1,905, depending on the fee band your premises falls into, which is based on its rateable value. Premises with no rateable value fall into the lowest band. Your council confirms the exact fee.

What happens if I trade after 11pm without a licence?

Carrying on a licensable activity without an authorisation is an offence under section 136 of the Licensing Act 2003. On summary conviction it can mean up to six months in prison, a fine, or both.

Is it the same in Scotland?

No. Scotland uses a late hours catering licence under the Civic Government (Scotland) Act 1982 for food sold to the public between 11pm and 5am. It is an optional licence, so it only applies where your council has resolved to require it. Check with your council.

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