Late hours catering licence
Any premises within the Inverclyde boundary that provides ‘food’ to the public for consumption on or off the premises between 11pm and 5am requires a Late Hours Catering Licence unless that premises is a ‘Licensed Premises’ in terms of the Licensing (Scotland) Act 2005; and or holds a Public Entertainment Licence issued under section 41 of the Civic Government (Scotland) Act 1982 and food is being offered within licensed operating hours.
The term ‘food’ is defined by section 1 of the Food Safety Act 1990. The definition is very broad and essentially includes anything that is designed for human consumption including:
- 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 substance used as ingredients in the preparation of food or anything falling within the above
Even if premises only sells a small amount of ‘food’ between 11pm and 5am (e.g. only chewing gum) it requires a Late Hours Catering Licence.
Inverclyde Council’s current policy hours in relation to late hours catering licences are:
Sunday to Thursday: 11pm to 12.30am; and
Friday and Saturday: 11pm to 1.30am
The individual, company or organisation responsible for operating the premises should apply for a licence using the application form for Late Hours Catering Licence.
If a company or organisation applies for a licence they must provide details of an individual who will be responsible for the day to day management of the premises.
An individual applying for a licence who does not intend to be responsible for the day to day management of the premises can name another individual as their day to day manager.
Applicants must display a public notice at the proposed premises as soon as the application has been lodged. The display notice must be displayed for a period of 21 days and must be displayed in such a place and at such a height that it can be easily viewed by the passing members of the public. It should be on display for 24 hours, seven days a week during the display period and should not be obscured by shutters, posters or anything else. At the end of the 21 day period you must sign and return a certificate of compliance to confirm that you have displayed the notice for the statutory period.
The Licence application fee is £511.00.
All applications made under the Civic Government (Scotland) Act 1982 must be considered within 3 months and a decision made within 9 months.
If an objection or representation is received the application must be considered at a meeting of the General Purposes Board. You will be invited to attend the meeting and a copy of the letter of objection or representation will be sent to you.