Late Hours Catering - 'delivery only' services

Closed 19 May 2017

Opened 7 Apr 2017

Results updated 23 Feb 2018

After the results of this consultation were studied and considered, a report was submitted to the Regulatory Committee.

As a result the committee decided to note that there were limited public support for the proposed changes to the current licensing regime and therefore resolved to make no changes to the existing policy.


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.


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.


  • All Areas


  • Homeless People
  • People with long term conditions
  • People with disabilities
  • Minority Ethnic groups
  • Carers
  • Jobseekers
  • Low income households
  • Older people
  • Businesses
  • Children & Young People
  • Civil and public servants
  • Elected Members
  • Lesbian, gay, bisexual people, Transgender people (LGBT)
  • Men
  • Parents/carers
  • Professionals
  • Residents
  • Road users
  • Students
  • Teaching/Educational staff
  • Visitors
  • Voluntary sector/volunteers
  • Women
  • Taxi Licence holders
  • Amenity groups
  • Architects/designers
  • Built heritage groups
  • Community councils
  • Developers/investors
  • Development management statutory consultees
  • Development planning key agencies
  • Education institutions
  • External councils
  • Housing associations
  • Landowners
  • Libraries
  • Natural heritage/open space
  • Neighbourhood partnerships
  • Planning consultants
  • Professional bodies
  • Scottish Government departments
  • Services/utilities
  • Transport groups
  • Young people
  • Licence holders
  • Employees


  • Looked after and accommodated children
  • Adults and Older People
  • Carers
  • Children and Families
  • Disabilities
  • Health and Wellbeing
  • Paying for Care
  • Poverty and Inequality
  • People with mental health issues
  • People with addictions
  • Offenders
  • All interests
  • Cycling and walking
  • Park and ride
  • Parking permits
  • Parking spaces
  • Parking tickets
  • Public Transport
  • Roads and pavements
  • Trams
  • Road safety
  • Traffic regulation
  • Travel in Edinburgh
  • Housing benefit
  • Welfare reform
  • Commercial bins and recycling
  • Non-commercial bins and recycling
  • Business rates
  • Economic development
  • Food safety
  • Health and safety
  • Licences and permits
  • Scientific services
  • Support for businesses
  • Trading standards
  • Births, marriages and deaths
  • Budgets and spending
  • Community planning
  • Councillors and committees
  • Access to information
  • Elections and voting
  • Funding opportunities
  • Performance and statistics
  • Policies, plans and strategies
  • Community safety
  • Crime & Antisocial behaviour
  • Emergency planning
  • Flooding
  • Protect someone from harm
  • Severe weather
  • Noise
  • Pest control
  • Pollution
  • Biodiversity
  • Landscape designations
  • Nature
  • Council and housing association homes
  • Homeless or at risk
  • Housing support
  • Private housing
  • Council homes
  • Jobs and training
  • Jobs and training for young people
  • Volunteer
  • Arts and culture
  • Archives and local history
  • Museums and galleries
  • Parks and green spaces
  • Sport, activities and dance
  • Libraries
  • Building warrants
  • Conservation
  • Enforcement
  • Land and property
  • Local plans and guidelines
  • Planning applications
  • Permissions for development
  • Area regeneration
  • Public space
  • Adult and community learning & development
  • Nurseries and childcare
  • Parental engagement
  • Schools
  • Youth clubs and participation