Alcohol, sport and entertainment
I171Late night refreshment
1
Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) is amended as follows.
2
In paragraph 1(1) (definition of “provides late night refreshment”), in the words after paragraph (b), after “paragraph” insert “
2A,
”
.
3
After paragraph 2 insert—
2AExempt supplies: designated areas, descriptions of premises and times
1
The supply of hot food or hot drink is an exempt supply for the purposes of paragraph 1(1) if it takes place—
a
on or from premises which are wholly situated in an area designated by the relevant licensing authority;
b
on or from premises which are of a description designated by the relevant licensing authority; or
c
during a period (beginning no earlier than 11.00 p.m. and ending no later than 5.00 a.m.) designated by the relevant licensing authority.
2
A licensing authority may designate a description of premises under sub-paragraph (1)(b) only if the description is one that is prescribed by regulations.
3
A designation under sub-paragraph (1) may be varied or revoked by the licensing authority that made it.
4
A licensing authority that makes, varies or revokes a designation under sub-paragraph (1) must publish the designation, variation or revocation.
5
In sub-paragraph (1) references to the “relevant licensing authority”, in relation to a supply of hot food or hot drink, are references to—
a
the licensing authority in whose area the premises on or from which the food or drink is supplied are situated, or
b
where those premises are situated in the areas of two or more licensing authorities, any of those authorities.