What is the new night-time food licence that is due to come into force in Scotland all about - and who will it apply to?

An upcoming change to the law in Scotland is likely to require food retailers there who open their doors after 11pm to apply for a Late Hours Catering Licence.

Licensing law specialist at Tods Murray Stephen McGowan explains that this licence is already required for food trading between 11pm and 5am where the local authority has passed a resolution to licence this activity; but only for late night takeaways where a premises offers ‘meals or refreshment’.

But he explains: “An amendment to this, which is contained in the Criminal Justice and Licensing Bill currently working its way through the Scottish Parliament, will see the licence needed for offering simply ‘food’. The word ‘food’ is given its widest definition and includes liquids, bags of ice, and chewing gum.”

The Bill is currently at its third reading and should take effect in 2011. McGowan warns that the change will mean “any food retailer open to the public between 11pm and 5am will require the licence. This requirement will apply irrespective of whether the premises also has an alcohol licence.”

He adds that retailers need to be prepared. “Applications for late hours catering licences are made to the local authority and processing time could be anywhere from two to six months. The licences can be granted for up to three years and fees range from roughly £100 to £350. Applications would be open to objections from neighbours,” McGowan says.