Under the Act, the supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment can all be carried on under one Premises Licence.
For the purposes of the Act, the provision of late night refreshment means the supply of hot food or hot drink to the public, for consumption on or off the premises, between 23.00 hours (11p.m.) and 05.00 hours (5a.m.).
Food or drink is "hot" for the purposes of the Act if it is heated on the premises or elsewhere before it is supplied for the purpose of enabling it to be consumed at above ambient air temperature, or if it may be heated on the premises for this purpose after it is supplied.
The Act provides for a number of exceptions. Examples are the provision of hot drink by vending machines in certain circumstances; where the hot food or hot drink is supplied free of charge; or where it is supplied by a registered charity.
Because large numbers of customers may gather at places serving late night refreshments (including late night take-aways and fast-food outlets) there is a potential for nuisance and disturbance for local residents. The licensing of such premises is intended to protect local residents because they can be used by customers who may have been drinking at other premises earlier in the evening, creating the potential for disorder on and near the premises. The regulation of late night refreshment will allow residents in particular but also other interested parties and responsible authorities, to make representations about new applications and seek reviews of existing licences where they are concerned that the licensing objectives.