8.—(1) A person responsible for carrying on a restricted business or providing a restricted service (“P”) in the Tier 1 area must not—
(a)accept, between the hours of 22:00 and 05:00, any orders for food or drink for consumption on the premises, or
(b)carry on that business or provide that service between the hours of 23:00 and 05:00.
(2) For the purposes of sub-paragraph (1), an area adjacent to the premises of the restricted business or restricted service, where seating is made available for its customers (whether or not by the business or the provider of the service), or which its customers habitually use for consumption of food or drink served by the business or service, is to be treated as part of the premises of that business or service.
(3) Where a restricted business or restricted service forms, or is provided as, part of a larger business and that larger business is not itself a restricted business, the person responsible for carrying on the larger business need only comply with the requirements in sub-paragraph (1) in relation to the restricted business or restricted service.
(4) Sub-paragraph (1) is subject to the exceptions in paragraph 9.
(5) In this Part of this Schedule “restricted business” and “restricted service” mean a business or service which—
(a)is of a kind specified in paragraph 11(2) or (3), or
(b)is carried on from, or provided at, premises of a kind specified in paragraph 11(2) or (3).
(6) For the purposes of this Part of this Schedule, premises are in the Tier 1 area if—
(a)any part of the premises is in the Tier 1 area, and
(b)no part of the premises is in the Tier 2 area or the Tier 3 area.