No extra time for pubs as World Cup nears
With licensing boards starting to make their decisions, Kevin Clancy urges businesses to be ready for the bonanza ahead
There are now less than three months until Scotland’s first game of the football World Cup. Many fans will want to gather together to watch that match (and many others) at licensed premises. That means licence-holders need to urgently consider several issues.
Don’t receive a red card: It is a criminal offence to sell alcohol on premises except in accordance with a Premises Licence. Any person who sells alcohol or who allows alcohol to be sold in breach of the terms of the Premises Licence (or if there is no Licence at all) commits an offence. If identified and prosecuted, the person can be fined up to £20,000, or be imprisoned for a term not exceeding six months, or both.
VAR review – make sure the correct paperwork is in place: The Operating Plan that forms part of the Premises Licence will be one of the first considerations for a licensing officer or police officer if they are seeking to “review” your decision-making – in particular, the decision to screen televised sport at the premises. It is essential to have the correct, and specific, licensing permissions in place. Each Operating Plan contains a grid of activities or services that will be provided on the premises in addition to the supply of alcohol. Televised Sport needs to be marked as YES. If not, a variation application must be submitted.
Get ready for kick off: The Operating Plan is not only relevant for Televised Sport. Scotland’s first match at the World Cup (against Haiti) kicks off at 2am UK time, and the other two group matches at 11pm. (Let’s not get ahead of ourselves and start thinking about the knock-out rounds just yet.) Where local authorities grant general extensions for the World Cup, premises can use those later hours if their Operating Plan indicates YES at the part that concerns operating in accordance with seasonal variations. If it does not, a variation must be submitted.
Licensing boards up and down the country are at various stages of decision-making. Operators will want to check what approach is being adopted in their local authority area. If there is no general extension in place, applications for extended hours will need to be submitted on a case-by-case basis.
To give a few examples: the Edinburgh and Glasgow Licensing Boards have granted a general extension for the duration of the World Cup, with on-sales premises allowed to remain open for 30 minutes after the final whistle of a live match shown in the premises that is beyond its normal terminal hour; for North Ayrshire and South Ayrshire, there is no general extension in play but the boards will invite extended hours applications. Other licensing boards are adopting policies that focus on matches involving only Scotland or only the home nations. Licence-holders would be well advised to check the up-to-date position in their area, and any conditions that may attach to late-night operating.
No extra time: Licence-holders need to act quickly. The changes to premises licences would be considered to be major variations, which require making an application to the local licensing board, paying a fee, and attending a licensing board hearing. This process typically takes several months, so with time running out, it would be wise to get started as soon as possible.
The World Cup is a great commercial opportunity for licence-holders. Having received a perfect pass in front of an open goal, they should make sure they don’t miss the target.
Kevin Clancy is a Partner, Shepherd and Wedderburn