The short answer
In England and Wales, you need a licence to sell hot food or hot drink to the public between 11pm and 5am, whether it is eaten in or taken away. This is called late night refreshment. You get it as part of a premises licence from your local council.
If you close by 11pm, or only sell cold food after 11pm, you do not need one for this.
What does the law say?
Late night refreshment is set out in Schedule 2 to the Licensing Act 2003 ↗. You provide it if, between 11pm and 5am, you supply hot food or hot drink to members of the public on or from your premises, for eating on or off the premises.
The words “off the premises” matter for takeaways. They cover food that leaves your shop, so check with your council before you send out hot deliveries after 11pm, even if your counter is closed.
What counts as hot food?
Under the Act, food or drink is hot if it has been heated so it can be eaten above room temperature, or if you heat it for the customer after they buy it. That covers almost everything a takeaway cooks: chips, kebabs, pizza, curry and hot drinks.
Some supplies are exempt, including hot drinks from a vending machine, food given away free, and food sold from a vehicle that is moving rather than parked. Councils can also exempt certain areas, types of premises or times.
How do you apply?
- Contact your local council’s licensing team. You apply for a premises licence (or a change to your existing one) that includes late night refreshment.
- Fill in the application form, include a plan of the premises and the hours you want, and pay the fee. Fees are set nationally and depend on your premises’ rateable value band.
- Follow the council’s rules on advertising the application, such as a notice in your window.
- Wait for the outcome. Neighbours, the police and other bodies can comment, and the council may add conditions about noise or opening hours.
The government’s licensing guidance ↗ explains premises licences in more detail.
What if you trade late without one?
Carrying on a licensable activity without the right licence is a criminal offence under the Licensing Act 2003. It can also cause trouble with your landlord, your insurer and a future sale of the business. If you are unsure whether your hours are covered, look at the times on your current premises licence, or ask the council.
What about Scotland and Northern Ireland?
This guide covers England and Wales. Scotland and Northern Ireland have their own rules for late-night food, so check with your local council there.
This guide is a plain-English summary, not legal advice. If you open late, make sure your online ordering hours match the hours on your licence, so customers cannot order when you are not allowed to serve.
