Ministers fail to honour promise for extended New Year hours

Government efforts to allow 36-hour opening over New Year have been described as "shambolic" after news that ministers have yet again failed to pass legislation in time.

For the third year running pubs will not know until the very last minute whether they are able to open for 36 hours over the celebrations because the plans are still to be debated in the House of Commons.

It is now unlikely that the government will be able to say for sure whether extended hours have been granted before the first week of December - if at all - leaving licensees with little time to arrange New Year parties and entertainment.

Lawyers are now advising publicans to apply for special orders of exemption in case the extension is not approved in time.

Richard Williams of licensing solicitors Joelson Wilson said: "It's shambolic. I think the intention of the government was to have this in place but, probably due to the procedures, it's been substantially delayed and what is going to happen is that licensees will get to Christmas and New Year and will not know what is going on."

Anita Adams, licensee of the Golden Slipper and the Maltings in York, said: "It comes as absolutely no surprise as they have messed it up for the last few years. But it's even more annoying because the trade has proved without a doubt that opening longer on New Year's Eve does not cause any more problems."

Last year, pubs were left unable to organise New Year events in advance and did not know whether they would be able to open late until early December when the government pushed through a last minute deregulation.

In 2000, plans to allow pubs to open for the Millennium and all subsequent New Year's Eves had to be shelved because of objections from the House of Lords. A one-off extension was eventually passed instead - but with only days to spare many licensees had little time to prepare.

In July of this year the trade welcomed government assurances that plans for 36-hour opening on this and every future New Year's Eve were well in hand. The draft reform would see all pubs allowed to open from 11am on New Year's Eve to 11pm New Year's Day and would also see public entertainment licences automatically extended.

A spokeswoman for the Magistrates' Association said: "Due to the lateness and degree of uncertainty, the association is advising licensing committees to follow the same guidance as last year. Justices are advised to follow the Good Practice Guide, namely an extension of hours until 12.20am on January 1 2003.

"Where, however, specific applications are made for longer hours, each case should be treated on its own merits. Justices are urged to consider granting such applications unless objections have been raised that there is a real fear of disturbance to local residents or a fear of public disorder."

A spokeswoman for the Department for Culture, Media and Sport said the government was unable to confirm a date when the legislation would be passed but added that it was still on track to go through before New Year.

"The reform order has been laid and the two Houses are looking at it. I can't give a specific time or date when it will be passed but The House of Lords has reported back and its report is favourable," she said.