In a previous edition of our ‘latest news’, Paddy Whur’s article on ‘Late Night Refreshment De-Regulation’ examined the recently released Home Office issued Guidance on the licensing of late night refreshment.
I can confirm that the Licensing Act 2003 (Late Night Refreshment) Regulations 2015 were laid before Parliament on 13 October 2015 and will come into force on 5 November 2015.
These Regulations prescribe those descriptions of premises that a licensing authority is permitted to designate, as exempt from the requirement to be licensed to provide late night refreshment.
Here is a summary of the changes.
The Regulations will allow Licensing Authorities to exempt from the need for a licence supplies of late night refreshment:
• on or from premises which are wholly situated in designated area;
• on or from premises which are of a designated description; or
• during a designated period (beginning no aerlier than 23:00 hours and ending no later than 05:00 hours).
A Licensing Authority can only exempt types of premises set out in the Regulations. It should also be noted that these exemptions will only apply if Licensing Authorities chose to adopt these measures.
The types of premises that can be exempted are:
• Motorway service areas;
• Petrol stations;
• Local authority premises (except domestic premises) unless there is an event taking place at which more than 500 people are present;
• Schools (except domestic premises) unless there is an event taking place at which more than 500 people are present;
• Hospitals (except domestic premises);
• Community premises (church, chapel, village, parish, community hall or other similar building) unless there is an event taking place at which more than 500 people are present;
• Licensed premises authorised to sell by retail of alcohol for consumption on the premises between the hours of 23:00 and 05:00.
Should you require any further information on this topic, please do not hesitate to get in touch with Chris Rees-Gay at firstname.lastname@example.org