Published: by Jonathan Smith, Partner and Nick Landells, Legal Executive
Last modified:
Please note all timings in this article are British Summer Time and the article was first amended on 29th January and further amended on 19th February in response to the Government’s reported announcement regarding relaxation of hours for knockout matches involving the home nations. However please note the exact details in relation to licensing hours are still to be confirmed.
This article is ostensibly going to focus on venues in England & Wales and the Licensing Act 2003. Across Scotland, Boards are going through their own processes on consulting on local relaxation of hours. As and when Wales, Northern Ireland and / or the Republic of Ireland qualify more will follow!
One could be forgiven for thinking that it is too early to start planning for the World Cup in 2026, but with games as far south as Mexico City, as far north as Vancouver, as far west as Los Angeles and as far east as Miami, kick off times are going to cause a headache for publicans wanting to show the games.
The group stage is relatively easy to plan for with kick offs for England at 21:00 on Wednesday 17th June, 21:00 on Tuesday 23rd June and 22:00 on Saturday 27th June. However, even now it is time to start planning. With games not starting until 21:00 and 22:00 are Temporary Event Notices needed to extend your hours to ensure your customers can enjoy post-game analysis over another drink (albeit with no extra time or penalties the game is unlikely to last any longer than two hours)?
After the group stage is the point however that any certainty ends. One would hope that as the top seed England will finish top of Group L, but we are all used to the England rollercoaster at any tournament and, whilst England have navigated recent group stages in major tournaments fairly easily, it would be dangerous to assume that England will finish first this time around. The real difficulty in planning for the showing of future games is that with the final round of group games being on 27th June there is no guarantee before their last group game (unless England have won both games and every other game in the group has ended in a draw) that England will finish top of the group.
The Government’s relaxation of licensing hours impacts all knockout games involving a Home Nations team. If the game kicks off at or before 21:00 then premises will be able to sell alcohol until 01:00 the following morning. If the game kicks off after 21:00 but no later than 22:00 then premises will be able to sell alcohol until 02:00 the following morning. Any game which kicks off after 22:00 will be out of scope for the relaxation of hours and a TEN will be required.
Despite the relaxation of licensing hours there is some complex planning required. Come the last round of group games with no certainty of England finishing first, can publicans risk not issuing Temporary Event Notices to cover the scenario of England finishing second or third after the group games have completed? To do so however, with the last game being on 27th June, Temporary Event Notices (“TENs”) would need to be issued before the last group game to accommodate the possibility of England finishing second or third. This should be the way forward for publicans because should England then finish first, kicking off at 17:00 on 1st July, the TENs that have been issued to cover the midnight kick off on 3rd July or the 02:30 kick off on 4th July could then be withdrawn. It is after that point things then become a little clearer for the route for England to hopefully progress.
Should England finish first in Group L and progress from the last 32, they will be faced with a 01:00 kick off in the last 16 on Monday 6th July. A TEN will be needed for this game. All England matches in rounds after the last 16 will benefit from the relaxation of hours. A 22:00 kick off on Saturday 11th July in the quarter finals will mean premises can sell alcohol until 02:00 the following morning. The semi-final and final both kick off at 20:00 and so the extension will be until 01:00.
In the scenario of England finishing second (and assuming they win their Last 32 game for which a TEN is required as stated above) England then simply have 20:00 kick offs on Monday 6th July in the last 16, Friday 10th July in the quarter-final and Tuesday 14th July in the semi-final respectively, and then let’s hope in the final on Sunday 19th July again at 20:00. All these games after the Last 32 will benefit from the extension until 01:00.
The scenario of England finishing third, (and assuming they win their Last 32 game for which a TEN is required as stated above) is the most difficult scenario for publicans. A 21:00 kick off in the Last 16 on Tuesday 7th July will benefit from the extension to 01:00. Then a 02:00 kick off on Sunday 12th July in the quarter finals which will also require a TEN.
Well, here it starts off complicated and then becomes simpler and simpler the further Scotland progress. With group games kicking off at 02:00 on Sunday 14th June, 23:00 on Friday 19th June and 23:00 on Wednesday 24th June, premises in England and Wales who wish to stay open to show these games will need to consider whether they require TENs. If Scotland win their group or finish third their route to the final only includes games that kick off at 22:00 or earlier and will therefore benefit from relaxed licensing hours. However, premises should be alert to the potential of Scotland finishing second and a TEN being required for their Last 32 game which kicks off at 02:00. Win this game and the route to the final only includes games that kick off at 21:00 or earlier and will therefore benefit from relaxed licensing hours.
So, the message is start to plan now and certainly look at issuing TENs for the knockout games well in advance of the games to cater for all potential England finishing places in Group L. At least one TEN is required whether England finish first, second or third.
We suggest it is sensible to speak to the local Police Licensing Officer as soon as possible to ascertain what the Police’s approach is likely to be to these TENs, and when they would like to receive TENs for the World Cup. Five months advance notice may be too far in advance for some forces. Consideration should be paid to the additional risks associated with the additional hours sought, and risk assessments carried out to ascertain what additional safeguards should be put in place to ensure the licensing objectives are promoted.
Are additional door staff needed; should there be additional staff training; should polycarbonate glassware be used; how will customers be getting home from early morning kick-offs? It is wise to have answers ready before speaking to Police Licensing. Of particular interest will be the Police’s approach to England kicking off at 02:30 on Saturday 4th July, at 01:00 on Monday 6th July or a 02:00 kick off on Sunday 12th July.
The link below provides a useful aide memoire for the dates and times of kick offs in each scenario of England and/or Scotland finishing first, second or third in their group. It also provides a prompt as to what the last day is to issue Late and Standard TENs for particular games.
We would urge all publicans not to issue Late TENs because, quite simply, Police or Environmental Health would have an absolute veto to stop that TEN going ahead without a hearing or negotiation.
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