42 Late hours catering licences.S
(1)A licence, to be known as a “late hours catering licence”, shall be required for the use of premises between the hours of eleven o’clock in the evening and five o’clock the following morning for the sale to or consumption by the public of [F1food] .
(2)The reference in subsection (1) above to the sale of [F2food] is a reference to the sale of [F2food] for consumption on as well as off the premises in which [F3it is] sold.
(3)Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to a late hours catering licence fixing the days and hours during which the premises may be open for business, and different days and hours may be fixed for the sale of [F4food] for consumption on the premises from those fixed for the sale of [F4food] for consumption off the premises.
(4)A late hours catering licence shall not be required in respect of—
(a)the use as such of licensed premises within the meaning of the Licensing (Scotland) Act [F52005 (asp 16)] ; or
(b)premises being used in accordance with a public entertainment licence.
(5)A licensing authority may, on application made to them, exempt the use of premises requiring a late hours catering licence from the requirement to have such a licence—
(a)in respect of any particular occasion; or
(b)during a specified period not exceeding 2 months in any period of 12 months.
(6)The licensing authority may attach conditions to an exemption granted under subsection (5) above, and the provisions of Part I of this Act relating to the attaching of conditions to licences and subsection (3) above shall apply to the attaching of conditions to exemptions under this subsection.
[F6(7)In this section “food” has the meaning given in section 1 of the Food Safety Act 1990 (c.16).]
Textual Amendments
F1Word in s. 42(1) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)
F2Word in s. 42(2) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)
F3Words in s. 42(2) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(3), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)
F4Word in s. 42(3) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(4), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)
F5Words in s. 42(4)(a) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 6(3) (with s. 143); S.S.I. 2007/472, art. 3
F6S. 42(7) added (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(5), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)