Propel Legal Briefing: Sport and hospitality – a timeless bond by Tim Shield

First appearing for Propel Hospitality in their Legal Briefing on 15th May 2024.

Sport and hospitality – A Timeless Bond by Tim Shield

Sport, whether broadcast or as activities integrated into night-time experience, has always gone hand in hand with the hospitality industry. Whether patrons are engaging in friendly games of pool or darts at their local pub, or attending watch parties of the big games, these activities have become integral to the hospitality experience. Over the years, the relationship between sporting events and hospitality has evolved significantly, with technology paving the way for this new age of entertainment in venues.

Having served as a licensing lawyer for quite some time, I can recall the bygone era of the old licensing regime and when live football matches were a rarity and pubs commonly featured pool tables and dartboards. As time progressed, these amenities have dwindled as the wants and needs of the customer base changed.

Live televised sport in pubs, particularly big league football matches, bring with them licensing concerns and considerations. In my younger days, I was involved in applications presented to local magistrates' courts, trying to justify extensions of hours for pubs and bars to accommodate specific sporting events. These applications were usually for late-night or early-morning events such as the Super Bowl or international boxing matches. These applications would be considered on a case-by-case basis and depended on what the premises were doing to justify the extension. This often meant providing details on what the premises was offering during the proposed broadcast, such as an American-themed evening for the Superbowl.

These days, some venues go above and beyond to blend sport, entertainment and hospitality. This is where we delve into the realm of "competitive socialising”. Recently, I had the pleasure of attending an event dedicated to this phenomenon, featuring speakers at the forefront of this evolving sector within the leisure industry. Attendees had the chance to try out various games and experiences on offer, whether at dedicated venues or as part of broader offerings in pubs and bars. Many of these attractions were modernised versions of traditional games like darts, pool and shuffleboard, incorporating innovative twists and leveraging technology to enhance the gameplay with tools like augmented reality and motion sensors.

From a licensing standpoint, it’s crucial to carefully consider obtaining a suitable premises licence that provides maximum flexibility for operators to remain within the law and provide a great experience. I had a brilliant time at the conference and found the day enlightening. I believe the “competitive socialising” trend serves as another testament to the ongoing evolution of the sector, which continually introduces fresh concepts based on existing traditions and beloved activities of patrons.

On another note, returning to the topic of televised sports, we have previously seen the government extend the authorised hours for certain licensable activities during events of local or national significance. These extensions are typically granted during tournaments like the FIFA World Cup, which occur abroad and at times that don’t sit within the standard operating hours of hospitality establishments. However, we have witnessed notable instances of delays in implementing such extensions, such as the Women’s World Cup 2023.

Recently, we had an indication from the government regarding the extension of operating hours for select licensed premises in England and Wales during the semi-finals and final of Euro 2024. These matches are scheduled to take place in just a few weeks, but these licensing adjustments will only come into play if the home nations, England or Scotland, get through to the semi-finals or final. A draft order has been issued and the government has promised this will be implemented. It is quite interesting that this will cover both the national teams of England and Scotland, but the proposed extension will not apply in Scotland as it is covered by different legislation.

This is, of course, welcome news, and will be a great boost to the hospitality industry this summer. Some may wonder why the proposed order is confined to the latter stages of the tournament and exclusive to the “home nations”. Nonetheless, in many cases, it will alleviate the necessity for some operators to apply for specific applications (temporary event notices, or TENs). It should not be forgotten that this blanket order may not be sufficient for all premises though, as the proposal is limited to specific hours, relates only to on-licensed premises (or clubs) and does not include regulated entertainment. So, if you plan to host a more elaborate event, perhaps with extra entertainment or in alternative areas like a car park with a large screen, the order may not be enough for your plans. Operators must assess whether a TEN may still be necessary. Given the constraints on when TENs can be granted, premises need to start looking at this and making plans now to make sure that they are not caught out later. 

We all eagerly await to see whether either of the home nation teams will advance to the latter stages (and hopefully they will). I also look forward to seeing how competitive socialising will evolve in the future, with more crazy ideas and spin-offs of loved sporting traditions in hospitality venues. As always, the sector will keep moving forward with novel offerings, and undoubtedly, innovation will be key to its advancement. Hopefully, regulators can adapt to facilitate this progress, whether through government legislation for events like the Euros, or at a local level to foster innovation on high streets throughout the country.

Tim Shield is a partner at John Gaunt & Partners