TAKE-AWAY owners are being warned not to get left behind as new licensing laws coming into force later this year mean businesses providing food after 11pm will have to have a licence, writes Andrew Daniels.

Licensing consultant at Temple Heelis solicitors David Collinson believes many take-aways will get caught out and could face heavy penalties.

"The two main reasons for this are that there isn't really any coherent trade paper for the take-aways because they have got such a diversification of food outlets. And, for a lot of take-away owners, English isn't their first language and a combination of these two things will catch them out."

The Licensing Act 2003 requires all premises - including burger vans - providing hot food or hot drink to the public between 11pm and 5am to have a licence to help improve crime and disorder. Mr Collinson said the reason take-aways were being included was because they were part of the late night economy'. He also pointed out that one in 20 assaults occured in late night take-aways.

Each applicant will have to satisfy the four objectives of: dealing with crime and disorder; improving public safety; preventing public nuisance; and preventing children from harm.

Mr Collinson said one way of dealing with crime and disorder could be to restrict the number of people in the shop when they came out of a nightclub.

"Instead of having 20, 30, 40 people cramming into a kebab shop you could say that there will be no more than ten people in at a time," he said. "You may, in a bizarre situation, get door staff outside."

The cost of getting a licence will depend on the business rates the owner pays. It could vary from anything between £80 to £500 plus an annual fee on top of that.

South Lakeland District Council principal licensing officer Steve Wearing said SLDC would be writing to all take-aways and advising them about the new law.

"The thing really holding it up at the moment is that we have not got the registration forms from the government to allow people to apply," he said.

Applications for the licences can be made from February 7 and take-aways must have them in place by November this year. Those failing to do so could be closed down and the proprietors given a prison sentence or substantial fine.