A company, Eden Bar Newquay Limited (“EBNL”) held a premises licence in respect of (you guessed it) the Eden Bar in Newquay. At the material time the premises were owned by Mr Memet Aldemir. He leased those premises to EBNL (whose sole shareholder and director was his brother, Nimetullah, a resident of Cyprus). Mr Aldemir owned the fixtures and fittings of the b...
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!