Published: 08 July 2021 by Andy Grimsey
“The Licensing Act 2003 (2020 UEFA European Championship Licensing Hours) Order 2021 has been laid in Parliament. This is draft but should come into force on 10th July 2021 and will give effect to the Government’s promise earlier this week to extend licensing hours for the Euro 2020 Final.
The draft Order, which applies to England and Wales, extends the hours for the sale of alcohol and entertainment until 11.15pm (in time for extra time and penalties in the Final, although to be clear the draft Order explicitly states 11.15pm), as long as a premises licence or club premises certificate authorises licensable activities at some time between 9am and 11.59pm on 11th July 2021. This means that if you are authorised to provide licensable activities at any time during that period, the Order extends those hours – if not already permitted – until 11.15pm.
So, if your sale of alcohol hours end at 10.30pm on Sunday as stated on your premises licence, on 11th July 2021 only they would extend until 11.15pm.
The Order applies to any premises with a premises licence or club premises certificate that is not otherwise prohibited from opening under Step 3.
The draft Order also permits premises to be used for the provision of late night refreshment (hot food and non-alcoholic drinks after 11pm) between 11pm and 11.15pm, but only if during that time the premises may also be used for the sale or supply of alcohol.
In other words, premises that only provide late night refreshment do not benefit from an extension until 11.15pm.
As before with these types of Order, there is no mention of drinking up time, but it is to be hoped that common sense will prevail as previously, and the drinking up time as currently permitted on premises licences will apply. In other words, if your premises licence normally allows 30 minutes between the finish time for the sale of alcohol and closing time, then you should be permitted drinking up time until 11.45pm. I stress this is only our interpretation and is not based upon any Government or other guidance.
The draft Order does not distinguish between on and off-sales of alcohol, and therefore both are extended, meaning premises which have external areas can continue sales to those outside areas until 11.15pm, subject to any specific conditions stating otherwise.
Off-licences too will have their permissions extended until 11.15pm.
Readers will be aware that the Business & Planning Act permits off-sales for on-only licences subject to certain criteria and a cut-off time of 11pm, but in our view the draft Order extends this period for 11th July until 11.15pm (again subject to any specific conditions otherwise).
Further details to follow.”
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