An open goal for licensed premises: Don’t miss the target

“And you join us at The Cross Bar for big-screen coverage of Scotland’s first game of the World Cup. The second half is about to start. Apologies that we were unable to bring you the first half: a new venue had to be found after it was discovered that the original one had not indicated on its Operating Plan that it intended to vary its opening hours according to seasonal demand, and was therefore not permitted to be open at 2am.

A neat pass there on the outside in the beer garden area. The local licensing board is keeping a close eye on that as well. And what’s this? Incredible drama here as the referee pauses play to check that the venue, which does not normally show televised sport, submitted a variation application and got it approved before the tournament. If not it’ll be a straight red… and it is! And, looking at the replay, you really can’t argue with that decision: the submission was clearly way too late. Yet another World Cup tragedy.”

As this article is posted, there are barely four months until Scotland’s first game of the men’s football World Cup. Many fans will want to gather together to watch that match – and many others – at licensed premises. This article considers some key issues that licence holders need to consider urgently.

Don’t receive a red card

It is a criminal offence to sell alcohol on premises except in accordance with a premises licence. Any person who sells alcohol or who allows alcohol to be sold in breach of the terms of the premises licence (or if there is no licence at all) commits an offence. If identified and prosecuted, the person can be fined up to £20,000, or be imprisoned for a term not exceeding six months, or both.

VAR review – make sure the correct paperwork is in place

The premises licence operating plan will be one of the first considerations for a licensing officer or police officer if they are seeking to “review” your decision making – in particular, the decision to screen televised sport at the premises. It is essential to have the correct – and specific – licensing permissions in place. Each premises licence includes an Operating Plan, which contains a grid of activities or services that will be provided on the premises in addition to the supply of alcohol. Televised Sport needs to be marked as YES. If not, a variation application must be submitted.

Get ready for kick off

The Operating Plan is not only relevant for Televised Sport. Scotland’s first match at the World Cup (against Haiti) kicks off at 2am UK time, and the other two group matches at 11pm. (Let’s not get ahead of ourselves and start thinking about the knock-out rounds just yet.) Will local authorities grant extended hours for the World Cup? Does the Operating Plan say YES in answer to the question about operating in accordance with seasonal variations? If not, a variation must be submitted.

Licensing boards up and down the country are at various stages of their decision-making processes. Aberdeen City Council has moved quickly, and has granted a blanket extension to trading hours for Scotland World Cup matches (until 3am, or until half an hour after the final whistle if later than 3am). The City of Edinburgh Council is consulting until 9 February, and results are expected at the end of the month).

Those are just two examples. Operators will want to check what approach is being adopted in their local authority area. If there is no general extension in place, applications for extended hours will need to be submitted on a case-by-case basis.

No extra time

Licence holders need to act quickly. The changes described above would be considered to be major variations, which require making an application to the local licensing board, paying a fee, and attending a licensing board hearing. This process typically takes several months, so it would clearly be a wise move to get started as soon as possible.

The World Cup is a great commercial opportunity for licence holders. Having received a perfect pass in front of an open goal, they should make sure that they do not miss the target.

Contributors: