It seems that local authorities and operators generally take the view that the provision of late night refreshment is a licensable activity even when that provision is undertaken solely by home delivery to customers.
So, for example, it is generally considered that a unit on an industrial estate which does not entertain personal callers, that is used between 11 pm and 5 am to produce hot food (say pizzas) which are then delivered to persons who have ordered it (either by telephone or online) needs a premises licence.
I think this general view is wrong. In my view, the unit I describe is not carrying out any licensable activity.
Late night refreshment
The licensable activity is (s.1(1)(d) of the Licensing Act 2003) the provision of late night refreshment.
Schedule 2 of the Act makes provision about what...
Yes, it's here. My intention is to make this a place to post short notes about interesting issues that crop up in my practice as a licensing lawyer and chancery/commercial litigator. Ihope to building up a resource for clients (and would-be clients) and to stimulatedebate. Obviously it will be content-light at first, but please bear with me, and hopefully over time a repository of not too-useless information will build up!