Late Hours Catering - 'delivery only' services

Overview

A Late Hours Catering Licence is required for the use of premises between 23:00 and 05:00hrs for the sale of food to the public.  A licence is required whether the food is consumed on or off the premises. 

In 2016 the Council consulted on a number of proposed changes to our Late Hours Catering Policy and Standard Conditions. A revised policy and conditions were adopted at the Regulatory Committee Meeting on 19 September 2016. 

The full report can be downloaded below.

During the consultation process the Committee was asked if they would consider extending the policy to allow premises that operate with a Late Hour Catering Licence to operate a “delivery only” service after the premises were closed to members of the public.

The issue of late night premises wishing to operate a “delivery only” service was not identified during the initial consultation process, and it was agreed that a further consultation exercise would be carried out on this specific issue.

BACKGROUND

The Civic Government (Scotland) Act 1982 (“the Act”) makes provision for the licensing and regulation of certain activities in order to achieve the following licensing objectives:

·         Preserve public order,

·         Preserve public safety,

·         Prevent public nuisance, and

·         Prevent crime.

The Council is responsible for the licensing and regulation of a number of activities, including late hours catering. The Regulatory Committee  (“the Committee”) and Licensing Sub Committee are responsible for determining applications for licences to carry out these activities, and over the years the Committee has developed a number of policies and conditions in order to regulate these licensed activities. As with any policy or condition, the Committee must consider whether to allow for any exceptions to be made on a case by case basis.

The city centre and its night time economy are extremely important to Edinburgh.

Having a vibrant leisure and cultural offer is a key factor in people’s choice about where they live and work.  It also contributes to the city’s economic growth.

The night time economy has grown substantially in recent years and there is a need to balance this with the needs of residents and the impact on public and statutory services.

As with any business, licensed premises should not cause nuisance or inconvenience to their neighbours or to the community within which they are located.

Why your views matter

The current policy sets Petrol Stations, Supermarkets and Retail Shops as "exemptions" to the maximum terminal hour of 3 a.m. (provided there are no environmental issues).  These premises do not appear, in the Committee's opinion, to pose the type of risks associated with traditional takeaways e.g. crowd migration etc.

Operators believe there is a demand from businesses (shift working) and individuals for catering after 3 a.m and in order to uphold the aims of the act, namely to :

 ·       Preserve public order

·        Preserve public safety

·        Prevent public nuisance, and

·        Prevent crime.

To strike a balance, operators seek the facility to cater by delivery only between 3 a.m and 5 a.m.

They recognise additional conditions may be necessary, for example, if the Committee were minded to recognise the legitimate aim of catering beyond 3 a.m. (e.g. night shift workers, like NHS staff, call centres and factories) by delivery only, the following types of conditions may form part of the policy.  i.e. operators to demonstrate:

 1, Shop frontage to be closed down, including shutters drawn, signage lights switched off etc

2. Enhanced training for staff in store

3. Enhanced training for delivery drivers to include no idling engines

4. CCTV requirement

5. Incident logs

What happens next

The Council welcomes your views on the new proposals and on developing future policy for the city’s late Hours Catering Policy. Following the completion of this consultation a report on its findings will be put before the Regulatory Committee.