No licence to thrill

Jackie Annett says pubs may not be allowed to open early for England's World Cup matchesThe 2002 World Cup kicks off in Japan and South Korea this...

Jackie Annett says pubs may not be allowed to open early for England's World Cup matches

The 2002 World Cup kicks off in Japan and South Korea this summer but already the hopes and dreams of many England fans and publicans have been dashed.

Thousands of customers are dismayed that they will probably not be able to toast the England team in the time-honoured fashion down their local, after magistrates in Bicester turned down the UK's first application for an extension to open for one of the games, before noon on a Sunday.

Many were hoping that the England games would draw the customers in and help boost sales after a difficult last 12 months. But the ruling, while still open to appeal, has set a precedent that many believe will be difficult to overturn. Because the World Cup is being held on the other side of the world, the time difference means two of England's games kick off before pub opening time.

The licensee who saw his application rejected at Bicester - Maurice Fermoy of the Buck and Bell in Banbury - told thePublican.com of his disappointment when magistrates refused to allow him to open at 10am on Sunday, June 2, for England's first match against Sweden, and 11am on Sunday, June 30, for the World Cup final.

"They said watching football wasn't a participatory event," Mr Fermoy said. "But it is in my view, people get very involved in the football these days.

"Our customers are extremely disappointed. They're used to watching the England matches in this pub."

Mr Fermoy estimates that his pub alone would have been packed with 300 excited fans and that now, as a result, he will lose out on several thousand pounds worth of trade.

He criticised the magistrates' decision because it was based on case law more than 20 years old, which was "outdated and unnecessary", he said.

"Things have moved on. Pubs these days have big screens, background music, multiple televisions and a great atmosphere.

"The police have raised some concerns because of the possibility of violence, but with my experience of showing early Saturday morning matches I can't foresee any trouble."

Since the decision Mr Fermoy has written to shadow licensing minister Tim Yeo to ask for his support.

"The media interest in this has been enormous and we hope other magistrates will now sit up and listen," he added.

But it's not just customers at the Buck and Bell who will lose out. Mark Hastings of the British Beer and Pub Association (BBPA) said there were an estimated 30,000 pubs across the country that regularly show football matches.

Many of these will apply for extensions and will be disappointed.

"It seems to me that magistrates are the only people in the country who don't view England's matches as a special occasion," he said.

"For England to qualify is a miracle in itself. Even the Queen sees it as a special event and is providing the facility for big screens in Green Park and St James's Park for people to watch."

Mr Hastings added that it was an "enormous missed opportunity" after a difficult year for the trade and criticised magistrates for not doing "their bit to help".

But the Magistrates' Association defended its decision. A spokeswoman said: "It's down to the individual magistrates - we have just issued guidelines with the help of the Justices' Clerks' Society.

"It will be at the discretion of the individual magistrates' court but yes, our recommendation is that it isn't a special occasion."

Bob Tilt, chief executive of the Justices' Clerk Society agreed. He said: "Currently case law, which dates back to 1978, states that watching televised football matches does not constitute a special occasion."

He also said there could be problems with complaints from local residents who would not want hundreds of people making noise and causing a disturbance early in the morning.

Licensees' anger at the decision has been fuelled further by the fact that a deregulation order has been passed to extend licensing hours for two hours, until 1am, on June 3 for the Queen's Golden Jubilee celebrations.

Many claim the football would have brought in more trade than the Jubilee and are furious that the Government can allow them to open later for the celebrations but not earlier for the football.

But in response, the Government said that it is the trade's fault for not applying for a deregulation order early enough.

A spokeswoman for the Department of Culture, Media and Sport (DCMS) said it was now too late to attempt to push an order through in time.

But despite this first ruling the DCMS said it was confident that some applications would be granted.

"I think in some areas pubs will be allowed to open to show the football," the spokeswoman said. "But there is nothing we can do now - it has to be left to the magistrates."

Many pubs are expected to open early, despite the ruling, to serve breakfast and soft drinks and there is nothing to stop licensees from doing so, Mr Hastings said.

The BBPA is encouraging as many licensees as possible to apply for extensions to highlight the strength of feeling for longer hours during the World Cup.

But for now the trade will just have to wait and see.

England's first round matches