The London Local Authorities Act 1990 is the legislation controlling Night Café Licensing and requires that "No premises shall be used as a Night Café except under and in accordance with a Night Café Licence granted by the local Council".

For the purposes of the 1990 Act a Night Café means "Any premises kept open for refreshment at any time between 11pm (seated meals) or 12 midnight (takeaway only) and 5 o'clock in the morning". There are exceptions where restaurants sell alcohol, but in general the majority of premises fall into the above definition. In other words if you have a seated restaurant facility you may legally serve refreshment until 11pm without a licence. If your trade is only takeaway you may legally provide refreshment until midnight without a licence.

If you sell refreshments (food or drinks) in the following times you need a licence from the Council: (The term "refreshment" within the legislation is not defined but case law has established that this would cover most foods from a simple cheese roll to a full course meal.)

  • from 11pm to 5am for dine-in, and
  • from 12 midnight to 5am for take-away

Venues that need a licence include:

  • cafes
  • restaurants
  • service stations

What are the consequences of trading without a licence?

If you are observed trading outside of the hours indicated at Item 2, you will be committing an offence. If legal proceedings are taken against you and you are found guilty of the offence, you may be fined by the Magistrates Court up to £5,000.00 or to imprisonment for a term not exceeding 3 months, or both!

Application process

If you wish to apply for a Night Café Licence, the first thing you need to do is to make sure that the shop premises has full planning consents for the hours you wish to trade to. Planning and licensing are two entirely separate and independent approvals. You will not receive a full grant of a licence if your planning hours differ from those that you require under the licence application, please check!

If it is your intention to trade beyond the hours indicated at Item 2 and you have full planning permission, you will need to follow the licence application details and submit a completed application as soon as possible. If you are happy to trade within the hours at Item 2 you need do no more.

The application procedure requires you to advertise your application in a local newspaper and to display a notice in your shop window. Once the application has been received we will take up references with the Fire Authority, the Police, the Council's Planning Department and Environmental Health etc. The process will take up to 28 days during which time members of the public or other bodies may object to your application.

Objections

You will be automatically notified of all objections received. If officers consider they are valid, and cannot be resolved your application would need to be considered by the Council's Licensing Committee. This is a public meeting and you will be given full details of the procedure.

Inspection of premises

After you have submitted your application a licensing officer as well as an officer from the local fire authority will inspect your premises. As a result of these visits you may be required to undertake alterations or minor works to comply with Night Café Legislation.

The legislation requires that premises should take: -

  • Proper precautions against fire.
  • Proper means of escape from the premises.
  • Provide heating and ventilation.
  • Proper provision for safety lighting and electrical systems.

Following the inspection you will be given a schedule to follow to conform to the inspectors requirements.

The inspecting officer will discuss fully the time scales for completion of any works. Normally a licence will not be issued until everything is to the satisfaction of the Council.

You cannot trade outside of the hours stated at paragraph 2 without a licence even if you have submitted an application. If you are observed trading without a licence you will not only prejudice your application but may be prosecuted as well.

Period of Licence

A licence is normally granted for a period of one year. In certain circumstances this period may be 6 months or less, particularly if the premises have been a source of nuisance in the past.

Renewal of a licence

At the renewal period the Council is obliged to inform the police and fire safety officer of your application. The licensing officer may also inspect your premises and if any defects are found you may find a minor works schedule is issued. You will also be expected to provide proof of servicing of things like fire extinguishers etc.

  • Restaurant or café - current annual fee is  £557.00
  • Garage/Service Station or shop - £119.00

Cheques must be made payable to the London Borough of Waltham Forest, completed application forms should be sent along with payment to: -

Fees and contact details

Community Protection Services Department
Licensing Section
London Borough of Waltham Forest
Sycamore House
Forest Road
Walthamstow  E17 4JF

Email wfdirect@walthamforest.gov.uk
Tel 020 8496 3000