The provision of late night refreshment is the supply of hot food and/or hot drink between 23:00 and 05:00. The definition references the supply rather than the sale, so it is the time the hot food or drink is provided to the customer that makes the activity licensable, rather than the time of the sale.
There are a number of exemptions to this licensable activity as follows:
- Hot drink (only) provided by a vending machine, providing that the public can operate the vending machine without any involvement from the staff. This exemption does not apply to hot food supplied by vending machine.
- The supply of hot drink that contains alcohol, as there must be a licence in place for the sale or supply of alcohol in any case.
- The supply of hot food or drink that is free of charge, provided that there isn't an admission charge or any other charge required to obtain the food or drink.
- Supplies by registered charities or anyone authorised by a registered charity.
- Supplies aboard a moving vehicle are exempt; supplies made while the vehicle is parked permanently or temporarily require a licence.
- Supplies of hot food or drink from 23:00 are exempt if there is no admission to the public to the premises involved and they are supplies to:
- a member of a recognised club supplied by the club
- persons staying overnight in a hotel, guesthouse, lodging house, hostel, caravan or camping site or any other premises whose main purpose is providing overnight accommodation
- an employee supplied by a particular employer (for example a staff canteen)
- a person who is engaged in a particular profession or who follows a particular vocation (for example a tradesman carrying out work at a particular premises)
- a guest of any of the above
