Legal advice: Get in early for cup extensions

Fresh World Cup licence applications are approaching​

by Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson.​

Some of you will recall the 2002 case of Gough v Avon and Somerset Licensing Bureau, which paved the way for pubs to open during the football World Cup in Japan and South Korea.

This case involved an application for a special order of exemption (SOE) by Mr Gough, the licensee of the White Hart in Bristol. The applications would, if granted, authorise sales of alcohol during televised football matches in Mr Gough's pub during the World Cup. Due to the time difference, many football matches were shown before the start of licensing hours in the UK.

The magistrates hearing the initial application refused it on the basis that they felt bound by earlier decisions indicating that televised sporting events could not be "special occasions" under the Licensing Act 1964.

The case was appealed to the High Court where it was established that televised football matches for events of national significance such as the World Cup could be special occasions for the purposes of the legislation.

In the judgement of the court it was ruled that times had changed since earlier decisions in the 1970s and that televised football in pubs had become an acknowledged leisure event. It was established that the 2002 World Cup was clearly an event of national interest, not least because the English national team was involved.

The judgement made it clear that publicans who could prove their customers were participating in an "event" while watching the World Cup on TV in their pub would be entitled to apply for and be granted SOEs. As a result, courts around the country were deluged with SOE applications and, despite a few notable areas where the police objected, most applications went through without incident.

Even where the police raised concerns about potential disorder problems at 6am, I am not aware that in practice there were any major incidents of disorder. This website certainly reported that the extensions had been well-managed and provided a boost in business for licensees.

It looks like the next batch of World Cup applications will soon be upon us. This time the event is the rugby World Cup 2003, which is being held in Australia in October and November. There are 48 matches in total, culminating in the final on November 22. Due to the matches being played in Sydney, these matches start as early as 4am in the UK.

You may have read that the Sports Cafe in London has already been granted an occasional licence to open 24 hours a day during the event. It remains to be seen whether 24-hour licensing will be permitted outside London, as the Sports Cafe is located in one of the busiest areas in the country and the application was only granted following lengthy negotiations with the police.

I would suggest that you start looking at the schedule now if you want to apply for similar extensions. You will have the option of applying for an SOE, in which case you will have to comply with the requirements as set out in the Gough case, to prove that the event is special.

Alternatively, you could apply for occasional licences for your premises in the name of another licence holder. For the SOE, you should check that you have no restrictions on your licence that would prevent this. In the case of an occasional licence, you should check that there are no restrictions on the licence of the proposed applicant.

In practical terms your applications are more likely to be successful if you can show that people watching the event in your pub will be participating in the event. You should consider:

• installing extra TV screens or plasma screens so that there is an emphasis on the viewing of the event, rather than on drinking
• charging an entry fee for admission and selling tickets in advance
• charging an all-inclusive price including breakfast to watch the matches
• running rugby World Cup competitions and promotions
• employing door supervisors during the event
• how you would deal with any potential disorder and/or noise pollution problems.

You can download a schedule of the matches from the internet to establish which matches will create the most interest. In the early stages of the tournament you may only want to apply for matches involving England, Wales, Scotland and Ireland but there is nothing stopping you from making applications to cover all of the matches.

Check with your police licensing officer before submitting any applications, because a policy on extensions for this event may have already been agreed in your area.