Guidance for Late Hours Catering Licence

Guidance on Applying for a Late Hours Catering Licence

Before lodging your application for Late Hours Catering Licence please ensure that you have read the following guidance.

When does a premises require a Late Hours Catering Licence?

Any premises within the Glasgow City Council 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 only 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:

• Drink;
• 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 a premises only sells a small amount of 'food' between 11pm and 5pm (e.g. only chewing gum) it requires a Late Hours Catering Licence.

Who should apply?

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.

Potential applicants are advised to take their own independent legal advice if they are in any doubt as to who should be detailed on their application. In particular applicants should note that a day to day manager will be considered a joint licence holder and, should that manager leave during the currency of a licence, there will be implications for the licence.

What are the minimum requirements for applying?

Before you can apply for a Late Hours Catering Licence you must meet these minimum requirements:

• Any individual named on the application form must be at least 18 years or age;
• Any individual named as day to day manager must be able to work legally in the UK; and
• The proposed premises should ideally be open and trading; if not, the premises must at least be in a condition where it can be inspected by the council's environmental health team.

Are there different types of applications?

Depending on your circumstances you can apply for one of three types of application.

If you do not currently hold a licence with this Council you can apply for the following:

• Grant
  If you do not currently hold a licence you can make a Grant application. This type of licence lasts for three years. You will not be licensed to provide food at the premises between 11pm and 5am until the licence is granted.
• Temporary
  You can apply for a temporary licence that lasts for a period of no more than 6 weeks. You will not be licensed to provide food at the premises between 11pm and 5am until the licence is granted.

If you currently hold a licence with this Council you can apply to renew the licence before it expires.

• Renewal
  Your renewal application must be lodged no later than the expiry date of your current licence. You cannot submit your renewal application more that six months before the expiry of the licence. Provided your renewal is lodged before the expiry of your current licence, you can continue to operate whilst the application is being considered.
  
  If you forget to renew your licence or are unable to do so due to unforeseen circumstances you should contact the Licensing Section as soon as you become aware your licence has expired.
  
  Please note also that if you are applying to renew your licence then the information provided must be identical to the terms of your current licence. You cannot use a renewal application to change an aspect of your licence such as the hours of operation or the individual(s) named on the licence. If the information provided does not match, then your application will not be accepted.

How to apply?

To apply for a Licence you need to complete and submit an Online Application Form with the relevant fee.

When applying you will be asked to complete an electronic version of the application form and to pay for the application using a credit/debit card. You will also be able to upload any documentation you wish to provide with the application. Once payment has been processed you will receive an email from our payment provider, Worldpay, confirming that payment has been successful. The application will then be sent to the Licensing team for review.

If there are any issues with the application, the team will contact you. Please note that if, for any reason, your payment is unsuccessful then the application will not be accepted.

Before applying make sure you have all the relevant information you require including the personal details for any individual to be named on the application. If you are unsure what information is required then refer to this guidance note and to the application form on the Late Hours Catering page of the website.

How much is the application fee?

The current application fees are detailed below;

the amount you pay is dependent on the duration. The fee is payable when the application is lodged and is non-refundable.

The fees given are correct as of 1 April 2024. Fees are reviewed on 1 April each year and may change.

Applications lodged online can be paid by Credit/Debit Card. A list of the fees and charges levied by the Council's Licensing Section can be found on our here.

How to make payment

Payment should be made by BACS Transfer (electronic banking) to the Licensing Board Account. 

When making payments please quote your licence reference number if you are a current licence holder or quote LHC/Address of Premises if you are a new licence holder as detailed below

Account Name: Glasgow City Council - Licensing
Account No. 00116224
Sort Code: 83-44-00
Reference: LHC/xxxxx (existing licence holder) or LHC/address of premises e.g. LHC/231 George Street.

Payment submitted by post should be in the form of Cheque or Postal Order. All Cheques and Postal Orders should be made payable to Glasgow City Council. Do not send cash by post.

Please note that your application will not be formally lodged until payment has been received.  The fees are non-refundable. 

Does the Council have a policy on the hours it will grant?

Yes. The council has two policies relating to the hours it will generally grant for Late Hours Catering Licences.

These current policies are as follows:

Policy Hours

• City Centre
  Where a premises is located within Glasgow city centre the Committee will not generally grant hours beyond 4.00am.
• Outwith City Centre
  Where a premises is located within Glasgow city centre the Committee will not generally grant hours beyond 3.00am.
• Tenement Policy
  When a premises is located in tenement style property, the Committee will not generally grant hours beyond Midnight.  Tenement style property is defined as property when residential accommodation is located above the applicant premises (e.g. a takeaway shop located below flats).

Any application which seeks to operate beyond policy hours will be referred to the Licensing and Regulatory Committee. An applicant will need to persuade Committee that it should grant hours that are beyond its policy hours.

Applicants should note that, in granting an application, the Committee has the power to restrict the hours applied for.

How will the application be processed?

A 28 day consultation period begins on receipt of your application. For grant or renewal applications, any person can object to your application during the consultation period. For temporary applications, only the statutory consultees can provide comment.

For grant or renewal applications, on the day your application is lodged, you must display the relevant site notice (included in the application pack) at or near the premises for a period of 21 days. If the notice is taken down or defaced you must take steps to immediately replace the notice. At the end of the 21 days you should remove the notice and return the relevant Certificate or Compliance to the Licensing section to confirm the notice was displayed correctly. If you do not follow this part of the process, your application may be refused. Applicants for temporary licence are not required to display the site notice.

During the consultation period your application will be sent to the following:

• Police Scotland
  The Police may object or make a representation to the application if they do not consider you or anyone else named on the application to be a 'fit and proper person' to hold a licence. The Police may also charge you with an offence if you have made a false statement on your application form or failed to declare convictions.
• Environment Health
  The council's environmental health team will arrange to inspect the premises and provide the Licensing Section with a report on the suitability of the premises.
• Planning
  The council's planning team will provide the Licensing Section with a report of any planning restrictions attached to the property.
• Local Councillors and Community Council
  A notice of the application will be sent to the local Councillors and Community Council for the premises. The notice will provide details of the application and advise them of the last date for making an objection or representation.

Once the 28 day consultation period is complete, we will review your application.

If no adverse comments have been received, your certificate of compliance confirming display of the site notice has been returned and there are no other issues with your application, then it will be considered 'straightforward' and placed on a list of applications to be granted. We will then contact you, in writing, once the application has been granted. If there is a problem with the application such as a police objection we will refer the application to a meeting of the Licensing and Regulatory Committee for a decision.

If this happens you will receive a Recorded Delivery letter requesting your attendance at the meeting and explaining the reasons why your application is being called before Committee. Although you are not legally required to attend it is recommended that you do so. We will contact you, in writing, after the meeting to advise you of the Committee's decision.

Applications for temporary licence are processed in a similar manner with the following differences:

• the consultation period can be less than 28 days;
• members of the public cannot object or make representation to the application; and
• there is no requirement to display a public notice at the premises.

How long will it take?

The Council is allowed nine months to consider your application but we aim to deal with all applications as soon as possible. It normally takes about 3 to 4 months to deal with most grant or renewal applications.

Applications which are not straightforward (e.g. Police Scotland object to the application) have to be referred to the Licensing and Regulatory Committee and normally take 4 to 6 months to process. This is due to the volume of applications that the Committee can consider at each meeting.

If you apply for a Temporary licence we will aim to process the application as quickly as possible but the application is still subject to the statutory process set out in section "How will the application be processed?".

What happens after my application is granted?

You will receive a letter advising that your application has been granted. The letter will include your licence and detail any conditions or requirements you are subject to - for example the licence may have been granted subject to your compliance with Environmental Health conditions.

What happens if my application is refused?

You will receive a letter advising that your application has been refused. You have the right to appeal the decision at Glasgow Sheriff Court (unless your application was for a temporary licence).

An applicant wishing to appeal normally requires to first obtain a written Statement of Reasons for the decision. This can be obtained on written request to the Licensing Section within 28 days of the decision. The Council will give written reasons for its decision within 10 days of being requested to do so.

The Council cannot provide guidance on making an appeal; if guidance is required you should consider taking your own independent legal advice or, alternatively, you can contact the Sheriff Clerk at Glasgow Sheriff Court, 1 Carlton Place, Glasgow, G5 9DA.

Are there conditions attached to the Licence?

Yes. There are standard conditions attached to all Late Hours Catering Licences. A copy of these conditions is provided here.

As a licence holder you will be expected to comply with every condition. Failure to do so could result in the Council suspending your licence.

Frequently Asked Questioms (FAQs)

• Am I guranteed to be refused because I hve certain convictions?
  No. The fact that you have certain convictions does not prevent you applying nor does it guarantee that you will be refused. Every application is considered on its own merits.
• My licence expires on a weekend or public holiday, what should I do?
  Your licence ceases to have effect unless you lodge a renewal application on or before the expiry date shown on your licence. This applies even if the expiry date shown on the licence is a weekend or a public holiday such as 31 December.  If you find yourself in this situation, ensure you lodge your application, at the latest, on the last working day prior to the licence expiry.
  
  A note of our Public Holidays is available from the Council's website. 

Further Information

If you have any further questions about the application process the Council's Licensing Team will be happy to assist you. Please note that whilst the Licensing Team can provide guidance, the team cannot offer you legal advice. You can contact us by phone on 0141 287 5354 or by Email.