# Can a restaurant charge a no-show fee? What UK law allows, and the four rules that keep the charge

> Yes, with conditions: shown before booking, matching your real loss, waived if the table is re-let, never a penalty. The CMA's unfair terms rules, applied.

- Page to cite: https://aeolookup.com/hospitality/no-show-fee-restaurant-law-uk/
- Publisher: AEO Lookup (https://aeolookup.com/)
- Section: Restaurants, pubs and small hotels, Bookings, no-shows and functions
- Published 1 October 2026
- Key fact: The CMA's unfair contract terms guidance was updated on 22 July 2026 with new worked examples on cancelled bookings and deposits, so a no-show policy written against the 2015 guidance should be re-read against the new one; the test it applies is whether the charge reflects the trader's actual loss and was agreed before the booking.
- Sources: CMA unfair contract terms guidance CMA37 (published 31 July 2015, updated 22 July 2026) and GOV.UK short guide for businesses; Consumer Rights Act 2015 Part 2 and Schedule 2; Barclaycard Payments survey May 2023 via The Caterer; all read 2026-10-01.

"Can a restaurant charge a no-show fee" is typed by diners who have been charged and by owners who want to. The answer is yes, and the conditions are the whole of the answer, because a no-show charge that breaks them is the one the diner's bank reverses.

**Free tool on the page:** Booking confirmation and no-show policy message maker. It runs in the browser at https://aeolookup.com/hospitality/no-show-fee-restaurant-law-uk/#tool and asks for no sign-up.

## The law the charge sits under

A booking is a contract with a consumer. Part 2 of the Consumer Rights Act 2015 says a term that is unfair does not bind the consumer, and Schedule 2 lists terms that may be unfair, including one that requires a consumer who fails to perform the contract to pay a disproportionately high sum, and one that lets the trader keep sums the consumer has paid when the consumer cancels without the trader having to pay the consumer anything when it is the trader who cancels.

The Competition and Markets Authority's guidance on those provisions, CMA37, was updated on 22 July 2026 with new examples covering cancelled bookings and deposits. It is the document a card issuer, a trading standards officer or a judge reads when a no-show charge is disputed. A policy written in 2019 against the old guidance should be re-read.

## The four rules

**1. Agreed before the booking.** The charge, the amount and when it applies must be shown when the booking is made, in the booking flow or stated on the phone, and confirmed in writing. A policy on the website that the diner was not shown is not agreed. "Our full terms are on the website" in the confirmation email is weaker than the three lines themselves.

**2. Reflecting the actual loss.** A charge for a cancelled booking should not exceed what the venue has lost. For a no-show, the loss is the gross profit on a table that could not be re-filled, plus any food bought specially; it is not the full menu price, because the food was not bought and the staff were paid either way. The [no-show cost calculator](https://aeolookup.com/hospitality/no-show-cost-calculator-restaurant/) shows the gross profit per head and flags a charge that goes above it.

**3. Waived when the table is re-let.** If the table was filled from the walk-in queue, the venue lost nothing to charge for. A policy that charges regardless is the clearest example of a charge that is a penalty rather than compensation.

**4. Scaled by notice.** A diner who cancels 48 hours ahead has cost the venue nothing; one who cancels at 7pm for 7.30 has. A sliding scale, nothing with reasonable notice, part with short notice, full on the night, is both fairer and easier to defend than one flat fee.

## Card holds versus deposits

A card hold, where the card is authorised at booking and charged only on a no-show, is the usual mechanism for ordinary tables and avoids holding the diner's money. A deposit taken up front is for functions and large parties, and must be returned, less any actual loss, if the venue re-lets the date; our [function quote maker](https://aeolookup.com/hospitality/function-enquiry-reply-quote-template-venue/) writes the terms that way.

Either way the card scheme rules apply alongside consumer law. A no-show charge disputed with the card issuer is decided on whether the diner was clearly told and agreed, so the booking confirmation that states the policy is the evidence, and the venue that cannot produce it loses whatever the law says.

## What the surveys say about using the fee

Barclaycard's May 2023 survey found fewer than 16% of operators recovered losses through cancellation fees, and 60% of cancellations came with less than 24 hours' notice. The fee is a backstop. The reminder the day before, the easy cancel link, and a short deposit list (parties of six and up, peak nights, December) do more than a fee on every table, and cost less in bookings not made.

## The policy in three lines

"We hold your card details at booking. If you do not arrive and have not cancelled by [time] the day before, we charge £[x] a person, which covers what we lose on a table we could not re-fill; if we fill the table, there is no charge. Cancel any time before then free of charge by replying to this message or calling us."

That is the whole policy. It is shown before booking, it tracks the loss, it waives on re-let, and it scales by notice. It is the one an AI Reservations Assistant set up by Overlyft ![](https://aeolookup.com/img/d/ours-badge.png) quotes when it confirms a table and chases an unconfirmed one.

This is general information for consumer bookings in the UK, not legal advice.

## Short answers from this page

**Can a restaurant charge a no-show fee in the UK?** Yes, if the customer was told the charge clearly before booking and it reflects the venue's actual loss, not a round number set to deter. The CMA's unfair contract terms guidance was updated on 22 July 2026 with new worked examples on cancelled bookings and deposits, so a policy written against the 2015 guidance should be re-read. A charge above the profit lost on the table is a penalty.

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General information for UK small firms, not legal, tax or financial advice.
