Licensing & Gambling Applications
Late Night Refreshment Licence
All restaurants, cafes, takeaways and mobile food traders serving food after 11pm at night need to have a Late Night Refreshments Licence (Licensing Act 2003).
The information is provided as guidance only and is not intended to be either a comprehensive nor exhaustive explanation of the requirements and obligations arising out of the Licensing Act 2003.
A Licence is required for the following activities:
- To sell alcohol by retail
- To supply alcohol to a club member, or to sell alcohol to a guest of a club member in the case of qualifying clubs
- To provide regulated entertainment
- To sell hot food or drink (late night refreshment) between 11.00pm and 5.00am for consumption on or off the premises
Premises who provide late night refreshments will need to hold a Premises Licence.
If a supermarket or other business premises (i.e. garage) heats food or drink for customers between 11.00pm and 5.00am, or provides facilities for customers to heat food or drink above the ambient temperature, consent for the provision of late night refreshment is required.
Under the Act, operators can also apply to the Council for consent to sell alcohol from the premises using the same form.
You don't need a licence to supply the following:
- Hot drinks which consists of or contains alcohol
- Hot drinks by means of a vending machine
- Hot food or hot drink supplied free of charge
- Hot food or hot drink supplied by a registered charity or by a person authorised by a registered charity
- Hot food or hot drink supplied on a vehicle at a time when the vehicle is not permanently or temporarily parked
- Hot food or hot drink supplied to members and guests of premises holding a Club Premises Certificate
- Hot food and drink supplied to hotel and bed and breakfast guests;
Refreshment in staff canteens to people working between 11.00pm and 5.00am
If applicants wish to sell hot food after 11.00pm, they need to obtain a premises licence.
License for a Temporary Event (TENs)
A licensable activity that falls in to one of the following categories:
- Less than 500 people attending
- Lasting for not more than 96 hours, with a break of at least 24 hours thereafter
You can hold the event by submitting a Temporary Event Notice (TENs) to the Council. The notice allows a licensable activity to take place on premises that are not currently licensed, or to hold activities an existing licence does not permit. This would allow an occasional later opening than normal or the occasional selling of alcohol.
Restrictions apply where the applicant is an "associated person" of someone who has already beeb given a TENs, including spouses, close relations, agents and employees, and their spouses. The word "spouse" also includes someone living with the notice giver. All applicants must be aged 18 or over
- Up to 50 TENs a year can be applied for by a Personal Licence Holder
- Up to 5 TEN's a year can be applied for by a non Personal Licence Holder
- A maximum of 12 TENs a year can be applied for in relation to any particular premises, subject to an overall limit of no more than 15 days in total.Where the event/activity falls outside these restrictions, a full Premises Licence will be required.
- Where the number of TEN's applied for exceeds the limits above, the Council must serve a counter notice prohibiting the event from going ahead. This must be served at least 24 hours before the event.
The Council will consult with South Yorkshire Police on the notice. The Police are able to object only where it is believed that the event may undermine the Crime Prevention Objective. Where the Police do object, a public hearing will be held in front of the Licensing Sub Committee to determine the application (unless all parties can agree a hearing is unnecessary). The Committee will listen to and consider representations from all parties before deciding whether the event can go ahead. However, Government guidance requires that the Council refuse permission for the event in such circumstances unless there are exceptional reasons not to do so.
What is a Designated Premises Supervisor?
All premises operating under a Premises Licence to sell or supply alcohol must appoint a Designated Premises Supervisor( DPS) for the premises. The DPS will be the first point of contact with the responsible authorities where there are concerns regarding the operation of the premises. Applicants should therefore choose this person with care.
The DPS must be nominated on the application form for a premises licence. The DPS does not have to be on the premises at all times, but must have day to day control of the premises.A person cannot become a DPS unless he is also a Personal Licence Holder.
If you require further information or wish to apply for a licence please contact your local Licensing Office.
E-mail: firstname.lastname@example.orgLicensing Section
Maltby Leisure & Service Centre
Last modified: 19/11/2013