Women's World Cup Final - Sunday 200th August 2023 at 11am

18 Aug
2023

The Lionesses kick off in the World Cup Final against Spain on Sunday 20th August 2023 at 11:00.

Today in the press there has a been a flurry of communication from Government in respect of earlier opening of premises and sale of alcohol to host screenings of the Word Cup Final.

Many premises are now asking the question “Can we open and trade before the kick off?”.

The position is as follows.

Firstly, the premises should check its Premises Licence to ascertain the actual times for opening and retail sale of alcohol.

Secondly, the premises should check its non-standard timings to see if there is any dispensation built in for International or National events.

Thirdly, the premises cannot rely on the usual dispensation issued by the Government pursuant to Section 172 as this simply has not been made (unlike the Men’s World Cup where the dispensation has been applied for in respect of recent tournaments). The government did not appear to have the foresight to put in place necessary order in this case, although they could have if they had acted earlier.

Fourthly, the premises at this point – one working day before the final do not have time to legally submit a Temporary Event Notice and under the Statutory Provisions the Councils have no ability to grant.

However, we are seeing significant communication from Ministers as to the approach to be adopted by Councils in connection with the potential earlier opening of venues on Sunday.

In particular , the Secretary of State for leveling up Michael Gove has written to Local Authorities suggesting that an application should be rapidly considered. Unfortunately, Mr Gove is incorrect on the law but his position in the remainder of the letter makes it clear that local Authorities should support venues and the key words of his communication are in respect of enforcement where he states: “Whilst recognizing that proportionate enforcement action might still be necessary in some cases”, the interpretation of the reference to proportionate is therefore key as to how the earlier opening without formal permission will be perceived in different parts of the country.

If you wish your licence to be checked as to what you can and cannot do please contact one of our Solicitors.

Unfortunately, it is the Government who have the power to provide a countrywide dispensation in this regard but they would need to recall Parliament . Considering the Lionesses success in the Euros lack of foresight is evident.

(Extract from a Letter by Michael Gove to Licensing Authorities)

In a letter to licensing authorities, Michael Gove said "To help make this happen at this unique national moment, we would welcome any additional support you may be able to give to ensure that, for example, where an application is being rapidly considered to allow a short extension to licensing hours".

He continued:

This Sunday, England will play in a football World Cup Final for the first time since 1966 when the Lionesses take on Spain. I am sure you will join me in sending our heartfelt congratulations to the players, management, coaching and support staff who have made this tremendous achievement possible.

We want to do everything we can to make sure people across the country can come together to support the team, enjoy the match and celebrate their success, whatever the outcome. From flying flags, lighting up buildings and supporting communities to hold screenings, local authorities have been at the forefront of supporting the Lionesses. I know you will be doing everything you can to back your communities to get behind the team on Sunday.

As part of that I am sure you will already be considering how to support your local pubs and venues to hold screenings of the final. The final in Sydney, Australia means an 11am BST kick-off and – while many venues will be able to show the game within their usual opening hours – there may be a few who require additional permission where they would like to be able to serve alcohol as well.

To help make this happen at this unique national moment, we would welcome any additional support you may be able to give to ensure that, for example, where an application is being rapidly considered to allow a short extension to licensing hours, the local authority and local police force work closely to enable that to happen, whilst recognising that proportionate enforcement action might still be necessary in some cases. We know local authorities will want to minimise costs to venues, so where delivering this additional support places a new burden on local authorities, additional funding will be provided to acknowledge this. We have also written to policing colleagues to ask them to work with you wherever possible to support your efforts.

Law correct at the date of publication.
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