Birmingham food outlets such as chip shops and kebab houses may soon be forced to shut early as the new licence act comes into force after November 24.
The age old tradition of a trip to the chippie or kebab house following closing time at your local pub may quickly become a distant memory.
Late night food outlets can apply for a new licence which will allow them to trade after 11 pm, however recent statistics from Birmingham City Council have shown that out of a possible 750 applications only 91 have been received, less than one in eight.
Peter Adkins, head of licensing at law firm Putsmans, said: "There are two main reasons why so few applications have been received in the Birmingham area.
"Firstly, businesses opening after 11 pm previously did not require a license, the costs associated with getting one are quite significant and for many businesses just shutting shop early is a more favourable compromise.
"Secondly, many traders simply do not realise that they have to apply for a new license to stay open. If owners are caught trading after 11 pm without a licence they can face up to a #20,000 fine and/or six months imprisonment." Any premises serving hot food after 11 p.m - to eat in or take away - will need to have a new style premises licence by the time the new Act comes into force.
This applies to restaurants, take aways, burger vans, even the local petrol station serving hot pasties after 11 p.m. It does not matter that they do not serve alcohol.
Apart from the application fees paid to the local council, anyone applying also has to advertise the application in the local paper and submit detailed plans. The forms are very detailed and many owners are seeking our help to complete the forms. The total cost of obtaining the licence is heading over #1,300 which can take a big chunk out of a take away's profits.
Birmingham traders are being strongly advised to look at applying for this premises licence now if they are considering late night trading.
Mr Adkins said: " Takeaway owners are normally small family run businesses and unlike pubs and clubs they do not have back up support of brewers or pub chains helping them and guiding them through the Act.
"Many simply do not know they need to act. They will risk closure if they do not apply soon."
