A late hours catering licence is required in terms of section 42 of the Civic Government (Scotland) Act 1982 for the use of premises between the hours of 11pm and 5am for the sale to or consumption by the public of food.
Food will have the meaning given in section 1 of the Food Safety Act 1990.
- 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 substances used as ingredients in the preparation of food.
Late hours catering licences are not required for premises which are licensed to sell alcohol under the Licensing (Scotland) Act 2005 or premises that hold public entertainment licences, unless the late hours catering activity takes place out with the hours covered by the liquor or public entertainment licences.