June 15, 2016

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...

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Charles Holland - 
Barrister

Licensing, chancery/commercial and property barrister.

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