Takeaway licence UK: which licences a takeaway actually needs (2026)

There is no single "takeaway licence" in the UK. Every takeaway must register with the council as a food business (free, at least 28 days before opening) and have the right planning use. You need a licence only if you sell hot food or drink between 11pm and 5am (a premises licence for late night refreshment in England and Wales, or a late hours catering licence in Scotland), sell alcohol, or trade from the street.

This guide shows which permissions you need, what they cost and how the rules differ in England, Wales, Scotland and Northern Ireland.

Not legal advice. Licensing and planning are decided by your local council. Check with its licensing and planning teams before you sign a lease or set your hours.

Do I need a licence to open a takeaway? Quick answer

Step 1: Register as a food business (everyone)

Register with the council for the area where your premises are, at least 28 days before you start trading. It's free and you can do it online on GOV.UK. Registration can't be refused, but it puts you on the inspection list. Your first EHO inspection usually follows within weeks or months.

Registration is not a licence. It doesn't cover late-night trading, alcohol or street trading.

Before your first inspection, set up a food safety management system: the FSA's Safer Food, Better Business pack, CookSafe in Scotland, Safe Catering in Northern Ireland, or your own HACCP plan.

Step 2: Check planning permission (the step most people miss)

Planning is not a licence, but it's the permission most likely to stop a takeaway.

Planning permission often comes with opening-hours conditions. A premises licence to 2am doesn't let you trade past a planning condition that says 11pm. Check both. Our guide to starting a takeaway covers planning, extraction and costs in more detail.

Step 3: Late night refreshment licence (England and Wales)

What counts as late night refreshment?

Under the Licensing Act 2003, late night refreshment means supplying hot food or hot drink to the public between 11pm and 5am, on or from any premises, to eat on the premises or take away.

• "Hot" means heated and supplied hot, or something the customer can heat on your premises after buying it.
• Supply happens at hand-over, not payment. A meal ordered at 10.50pm but handed over at 11.10pm counts.
• Cold food and drink after 11pm is not late night refreshment.
• A parked food van is not exempt. Only supplies on moving vehicles (trains, coaches, boats) are.
• Hot drinks from a vending machine the customer operates, and food given free, are exempt. "Free" with a cover charge or a required purchase is not free.

Delivery after 11pm: the law catches hot food supplied "on or from" premises. If you send hot food out after 11pm, ask your licensing team whether your kitchen needs a licence. This matters for dark kitchens too.

Local exemptions: since 2015, councils can exempt designated areas, types of premises or times from late night refreshment rules. Ask whether yours does.

The licence you need: a premises licence

There's no separate "late night refreshment licence" document. You apply for a premises licence that lists late night refreshment as a licensable activity, with your hours. The same licence can also cover alcohol and some entertainment.

How to apply

1. Fill in the premises licence application (online on GOV.UK or through your council).
2. Write an operating schedule: your hours, the activities and how you'll promote the four licensing objectives: preventing crime and disorder, public safety, preventing public nuisance and protecting children from harm.
3. Draw a plan of the premises.
4. Pay the fee (see the table below).
5. Send copies to the responsible authorities, such as the police, fire service, environmental health, planning and trading standards. If you apply online, the council may do this.
6. Advertise it: a pale blue A4 notice at the premises for at least 28 consecutive days, and an advert in a local paper within 10 working days of applying.
7. Wait for comments. If nobody objects, the council must grant the licence. If there are relevant objections, there's a hearing. You can appeal a decision to the magistrates' court.

There's a 28-day period for comments, and a hearing if anyone objects, so allow a couple of months or more.

Premises licence fees (England and Wales)

Fees are set nationally and depend on your premises' non-domestic rateable value. You'll find it on the GOV.UK business rates valuation service.

Most takeaways fall in band A or B. Higher multipliers in bands D and E apply only to premises used mainly for drinking alcohol on site. Source: GOV.UK alcohol licensing fee levels (Licensing Act 2003 (Fees) Regulations 2005), checked 11 October 2026.

Conditions you might get

Late-night takeaways often get conditions such as CCTV, door staff on busy nights, litter picks outside, a closing time for the counter but not deliveries, or no queueing outside after a set time. Read them carefully. Breaking a condition is an offence.

Late night food in Scotland and Northern Ireland

• Scotland: selling food to the public between 11pm and 5am, to eat on or off the premises, usually needs a late hours catering licence under section 42 of the Civic Government (Scotland) Act 1982. Mobile traders need it too, on top of a street trader's licence. Premises with an alcohol licence don't need one while trading within their alcohol licensing hours. Councils set fees and processes; some ask you to display a site notice for 21 days.
• Northern Ireland: the Licensing Act 2003 doesn't apply, so there's no late night refreshment licence. Ask your council about planning conditions and any local rules on late opening.

Do you need an alcohol licence for a takeaway?

Yes, if you sell any alcohol, including a bottle of wine with a delivery order. In England and Wales you need:

• a premises licence that includes the sale of alcohol (off-sales for takeaway and delivery),
• a designated premises supervisor named on it, and
• a personal licence for the DPS.

Selling alcohol for delivery brings extra duties, such as checking age on the doorstep. For a one-off event, a Temporary Event Notice (£21) can cover alcohol and late night refreshment for fewer than 500 people for up to 168 hours. Full details are in our pub licence guide.

Other permissions takeaways often need

• Street trading: selling from a van, trailer, gazebo or stall on a street needs a licence or consent from the council. See our street trading licence guide.
• Pavement licence (England): for tables, chairs or a counter on the pavement outside. The scheme is now permanent, fees are capped at £500 new and £350 renewal, and licences last up to two years. Wales, Scotland and NI use different processes.
• Signs: illuminated or large signs can need advertisement consent from planning.
• Waste: use a licensed waste carrier and keep waste transfer notes.
• Music and TV: music in public usually needs a licence from PPL PRS. A TV licence covers live TV.
• Fire safety: a fire risk assessment is a legal duty for all businesses (see our kitchen risk assessment template).

Takeaway licences by nation: summary

Takeaway licence checklist

• Planning use checked for the unit, including hours conditions
• Food business registered with the council (28+ days before opening)
• Food safety management system (SFBB, CookSafe, Safe Catering or HACCP plan) set up
• Staff trained in food hygiene and allergens
• Late night trading? Premises licence (England, Wales) or late hours catering licence (Scotland) granted
• Selling alcohol? Premises licence with alcohol, DPS and personal licence
• Van or stall? Street trading licence or consent
• Fire risk assessment done
• Waste carrier contract and transfer notes
• Licence summary displayed and the full licence kept on site
• Online ordering hours match your licence and planning hours

Make your online ordering hours match your licence

If your licence or planning permission stops hot food sales at 11pm or midnight, your ordering page shouldn't take orders after that. Delivery apps and phone lines are easy to forget.

With Menuthere you run your own ordering page for collection, delivery and dine-in with 0% commission. Set your working hours, and separate delivery and takeaway hours, to match your licence, on every plan including Free. Customers can only order while you're open. Pre-orders and scheduled orders (Lite and above, from US$17 a month, billed in US dollars; your bank converts it) let regulars order ahead for a slot within your licensed hours.

Take collection and delivery orders on your own page, with no commission. Or see how our works.

Create your free ordering pagetakeaway ordering system

Also worth reading: VAT on takeaway food, because hot takeaway food is standard-rated.