What makes an event special?

Related tags New law Bristol

Extensions will be with us for some time, and possibly even after the new law takes effect. But one reader wants to know if, under the current law,...

Extensions will be with us for some time, and possibly even after the new law takes effect. But one reader wants to know if, under the current law, he will be automatically refused if he himself organises the event for which he wants extra time. That's what he's been told, anyway. There will be two main questions in the minds of the magistrates (or the police department), having regard to leading judgements on the question of special orders of exemption. The first is: is the occasion capable of being special in the local or national sense, and if so, is it special for their area? Secondly: are the applicants seeking to create an event and then go out and claim the benefit of the section for their own use? The question of what is special locally does not require proof that the whole community is joining in, or that the mayor will be there. But some courts have rules on what type of event they will consider to be "special". These written guidelines are available on request from the clerk to the court. Guidelines for applicants in one court area, for example, list the types of birthdays or family events which will "qualify" for an extension, and those which are unlikely to find favour. It is difficult to challenge this rather arbitrary system. In one leading judgment, it was said that the matter of what is special is primarily a question for local justices. This has now been modified by the Good Practice Guide, which gives fairly specific advice on the subject. And, of course, by the Bristol case which decided that a televised sporting event in another country could give rise to an extension. However, whatever justices decide, they still retain absolute discretion on whether to grant extensions. If they decided the requirements of those attending were adequately catered for within the permitted hours, they might consider no additional drinking time or facilities were required. Clearly many magistrates think events created by publicans to boost their own trade cannot be described as "special", even if they attract large numbers of local people. This varies from place to place, and there is no hard-and-fast rule on the matter. But the judgement in a leading case is often quoted as a reason for refusing such applications for what are seen as "commercial" events.

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