Propel Legal Briefing - Licensing lessons from VE Day and why early planning matters by Tim Shield

First appearing for Propel Hospitality in their Legal Briefing on 15th May 2025

Licensing lessons from VE Day and why early planning matters by Tim Shield

Last week saw the UK mark 80 years since VE Day, and the hospitality sector was right at the heart of it. Things kicked off on bank holiday Monday, with large crowds gathering around Buckingham Palace for the traditional flypast, setting the tone for a week of reflection, celebration and community. Across the country, pubs, restaurants and bars brought the party closer to home. Street party–style events popped up in towns and cities with venues hosting everything from themed afternoons to community gatherings that captured the spirit of the day.

The main date itself (Thursday, 8 May) saw the government announce a one-off extension to licensing hours in England and Wales. To mark the occasion, venues were allowed to serve alcohol until 1am, echoing the four days of commemorations held in 1920 for the unveiling of the Cenotaph. The extension applied only to alcohol with no changes to entertainment licensing and didn’t apply to venues already licensed beyond 1am.

Some operators welcomed the move, seeing a helpful bump in trade during an otherwise quiet stretch of the calendar. For others, it served as a useful prompt to think more proactively about how their licences cater for national moments like these – particularly when the government might not impose a special extension of hours. Either way, this past week served as a timely reminder of hospitality’s role in bringing people together during national moments of significance.

From a legal standpoint, VE Day and other similar celebrations serve as a good reminder for hospitality operators to review the terms of their premises licences. Different rules apply in England, Wales and Scotland, so it’s important to check whether special events like VE Day are already covered in your licence, or if you’ll need additional permissions such as a temporary event notice (TEN).

In Scotland, there is a greater focus on including unusual or special events within the premises licence, typically through the operating plan. That said, this doesn’t mean venues in England and Wales can’t do the same. Events like bank holidays, Christmas, Easter and saints’ days can often be planned for in advance, so operators should consider whether these are already covered by their existing licences.

However, some events like VE Day can’t always be predicted or prepped for. This year, the Scottish government advised local licensing boards to treat VE Day as a special event of local or national significance. The decision was left up to local boards, meaning individual venues had to apply for extended hours or changes to their licences where necessary.

We always advise clients to review their premises licences regularly to see if there’s room to offer more flexibility for marking important national occasions. This can help with forward planning and ensure venues are ready to make the most of special events when they arise.

There’s always the hope that the government will grant extensions for major occasions such as VE Day, royal weddings or national sporting events like the football World Cup and European Championship, both for men and women. In fact, with the upcoming 2025 UEFA Women’s European Championship, the government has already issued a consultation to explore whether to extend trading hours for licensed premises during the semi-finals and finals in July 2025.

We’ll have to see how that develops, but it would be very much welcomed by the industry. That said, there are other ways to mark these occasions without waiting for government extensions or changing your premises licence. One option is using TENs in England and Wales.

Licensed premises can submit for up to 15 TENs in a 12-month period, with a total of 21 days covered by those notices. This limit was temporarily increased during the covid-19 period but has now returned to the original numbers. TENs can be incredibly useful, not only for extending the sale of alcohol, but also for including unlicensed areas within a licensed area, adding regulated entertainment to an event or relaxing conditions on a premises licence. However, it’s important to note that government extensions often don’t cover regulated entertainment.

In Scotland, TENs aren’t available, but there are general extensions instead. These allow individual licensing boards to extend hours for a set period across their entire area or specific parts of it, typically around festive periods. Alternatively, premises can apply for extended hours, but these are usually only granted for special occasions or events of local or national significance. This process is often more time-consuming than the TEN process in England and Wales.

We often get enquiries about TENs for various events throughout the year. Just as a reminder, a full TEN must be submitted at least ten clear working days before the event. There is also the option for a late TEN, which can be submitted between nine and five clear working days before an event. We’re often surprised by how many late TEN enquiries we receive for events that clearly require significant planning. Unfortunately, in these cases, the necessary notice is left until the last minute.

It’s worth remembering that with a late TEN, if one of the recipient authorities objects, there is no appeal process or hearing and the TEN will be refused once the objection is lodged. We occasionally receive late TENs where objections are raised and there’s no opportunity to resolve the issues or have further discussions. Our advice is always to plan well in advance and submit the TEN early, especially if the event involves a lot of organisation. While we understand that sometimes things can’t be planned that far ahead, a late TEN does come with risks.

The government has also been looking at ways to streamline the process for authorising extensions for licensed premises. Currently, extensions for events like VE Day, sporting events or royal weddings require a legislative process, which can take time. Understandably, the government has many demands on its time, and this can result in extensions being granted quite late.

In 2024, there was an attempt to change this process with a private members’ bill aimed at amending the Licensing Act 2003. The goal was to allow licensing hours orders to be made by a negative resolution statutory arrangement, which would speed up the process and make it easier to pass through the necessary legislation. This bill was published earlier this year, but we’ll have to wait and see how it progresses through parliament.

Our advice remains simple: plan early and apply early. Relying on government extensions is never a sure thing. Taking time now to review your premises licence, think about upcoming events and get applications in early can help you stay ahead and make the most of key dates. If you’re unsure, the team at John Gaunt & Partners is always happy to help. A bit of early planning can turn a good trading day into a great one.
Tim Shield is a partner at John Gaunt & Partners