1(1)For the purposes of this Act, a person “provides late night refreshment” if—E+W
(a)at any time between the hours of 11.00 p.m. and 5.00 a.m., he supplies hot food or hot drink to members of the public, or a section of the public, on or from any premises, whether for consumption on or off the premises, or
(b)at any time between those hours when members of the public, or a section of the public, are admitted to any premises, he supplies, or holds himself out as willing to supply, hot food or hot drink to any persons, or to persons of a particular description, on or from those premises, whether for consumption on or off the premises,
unless the supply is an exempt supply by virtue of paragraph 3, 4 or 5.
(2)References in this Act to the “provision of late night refreshment” are to be construed in accordance with sub-paragraph (1).
(3)This paragraph is subject to the following provisions of this Schedule.