You provide late night refreshment if at any time between 11pm and 5am you supply hot food or hot drink, either on or off the premises (which includes vehicles), to the public, or a section of it,  for consumption on or off the premises. Owners of takeaway premises should note that under this legislation they must apply for a licence if they open after 11pm as opposed to midnight under the former night cafe legislation.

Food or drink is considered to be hot if it, or any part of it, is heated before it is supplied, or may be heated on the premises after supply, to a temperature above the ambient air temperature at the time.

Exemptions

Supplying hot food and drink to:

Members of a recognised club

Residents or guests of particular hotels, guest houses, lodging houses, hostels, caravan sites, camping sites, or other premises whose main purpose is providing overnight accommodation for the night in question

Employees

People engaged in particular trades, professions or vocations

A guest of any of the above

Supplies of hot:

Drink consisting of or containing alcohol

Drink by means of a vending machine if payment is inserted into the machine by a member of the public and the hot drink is supplied directly by the machine to the public

Food or drink free of charge unless a charge is made to enter the premises or for any other item

Food or drink by a registered charity (or one not required to register) or persons authorised by them

Food or drink on a vehicle that is not temporarily or permanently parked.

- Application for Pemises Licence