In terms of section 42 of the Civic Government (Scotland) Act 1982, a late hours catering licence is required for the use of premises between the hours of 23.00 and 05.00 for the sale to or consumption by the public of meals or refreshments if this is an activity which a licensing authority licence. In terms of the Council’s Resolution using premises for late hours catering is an activity which the Council licence.
The Criminal Justice and Licensing (Scotland) Act 2010 substitutes the words “meals or refreshment” with “food” and states that food will have the meaning given in section 1 of the Food Safety Act 1990.
Food includes-
- drink;
- articles and substances of no nutritional value which are used for human consumption;
- chewing gum and other products of a like nature and use; and
- articles and substances used as ingredients in the preparation of food.
A late hours catering licence is not required for premises which are licensed to sell alcohol under the Licensing (Scotland) Act 2005 or premises being used in accordance with a public entertainment licence, place during the hours covered by the liquor or public entertainment licence.
It is likely that there will be an increase in the number of premises requiring late hours catering licences as a result of this change.
All those affected by the change are encouraged to apply for their late hours catering licence as soon as possible.
Applicants should seek legal advice if they are unsure as to whether they will require a late hours catering licence.
If an application is lodged before 01 October 2012, the premises affected by the change in the law can continue trading the altered hours until their application has been determined.
Please contact the licensing office if you have any queries – licensing@argyll-bute.gov.uk.