Late Night Refreshment Licence: Caprino’s Application for 160 Upper Richmond Road West

This is the third post on this application – see previously 2nd and 6th October. Unusually high attention is being paid to it, because the advertising required by statute is very limited. You are only likely to know by word of mouth or if you happen to see the notice in the shop window.

It should not be thought that the application is wholly without merit. People sleep at different times! It may be that most late night orders would be via Deliveroo or Just Eat. It is NOT a licence to sell alcohol. The only other comparable outlet is PizzaGoGo at the Richmond end of East Sheen.

BUT the proposed extension of hours until 3am during the week and 4am on Saturday and Sunday does raise concerns. Noise in the quiet of the night might sound worse. Can the owners police waste and parking on a Red Route during those hours? The site is very close to residential accommodation.

We do not know what arguments Caprino’s might put forward.

The relevant site on licensing at http://www.wandsworth.gov.uk states:

A late night refreshment licence is required under the Licensing Act 2003 for businesses supplying hot food or hot drinks to the public between 11 PM and 5 AM, including takeaways, cafés, restaurants, and mobile catering vehicles. To obtain one, you must apply to your local council, displaying and publishing notices, and paying the relevant fee. The purpose of the licence is to promote the licensing objectives of preventing crime and disorder, ensuring public safety, preventing public nuisance, and protecting children from harm. 

What is Late Night Refreshment?

  • Definition: The supply of hot food or hot drinks to the public for consumption on or off the premises. 
  • Time: This applies between 11 PM and 5 AM. 
  • What is “hot”? Food or drink heated on the premises or elsewhere to be consumed above ambient air temperature. 

What is Not Included (Exemptions)? 

  • Hot drinks containing alcohol (as these require an alcohol licence). 
  • Hot food or drink supplied free of charge. 
  • The supply of hot food or drink by a registered charity. 
  • Hot food or drink from vending machines. 

Businesses Requiring a Licence 

  • Takeaways and fast-food outlets. 
  • Cafés. 
  • Restaurants and delivery services. 
  • Mobile catering vehicles, such as burger vans. 

How to Apply

  1. Contact your local council: You must apply to the licensing authority where the premises are located. 
  2. Complete the application form: This can be done online or by contacting the council’s licensing team. 
  3. Submit supporting documents: This will include plans of the premises and evidence of your entitlement to work in the UK if required. 
  4. Display a public notice: A notice must be displayed at the premises and in a local newspaper. 

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About Richard AH White

Retired Solicitor specialising in child law and former Tribunal Judge hearing cases on special educational needs and welfare benefits.
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