Item 5 - Festive Hours Policy 2025-2026
West Dunbartonshire Council · 28 October 2025
Back to Licensing Board — 28 October 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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WEST DUNBARTONSHIRE LICENSING BOARD Report by the Clerk to the Licensing Board 28 October 2025 Subject: Festive Hours Policy 2025/26 1. Purpose To propose a policy on an extension to licensed hours during the festive period in terms of Section 67 of the Licensing (Scotland) Act 2005 (“the Act”). 2. Recommendations 2.1 It is recommended: (a) that the 2025/26 Festive Period is defined as being Monday 8 December 2025 to Friday 2 January 2026 inclusive; (b) that premises licence holders – with permission to utilise festive extensions - without significant entertainment (public houses, hotel bars and members’ clubs fall into this category) may trade for one hour more than the normal licensed hours during the festive period with the exception of Hogmanay; (c) that premises licence holders – with permission to utilise festive extensions - without significant entertainment (public houses, hotel bars and members’ clubs) may trade to 3 a.m. on Hogmanay on condition that last entry to the premises is 11 p.m. and the event is pre- ticketed; (d) that premises licence holders - with permission to utilise festive extensions - offering significant entertainment (nightclubs) may trade until 4 a.m. during the festive period; (e) premises licence holders without permission to utilise festive extensions may apply for extended hours certificates in relation to the festive period; (f) that authority for the granting of applications for extended hours certificates over the Festive Period be delegated to the Clerk to the Licensing Board, if the terms of the application are in accordance with the foregoing agreed recommendations; (g) that should applications for extended hours certificates be submitted which fall outwith the agreed hours or foregoing recommendations, then any such applications may require to be submitted to the Board for consideration, particularly where objections are forthcoming; and
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(h) have regard to the request from the West Dunbartonshire Licensing Forum to consider allowing premises licence holders – with permission to utilise festive extensions - without significant entertainment (public houses, hotel bars and members’ clubs fall into this category) to trade for two hours more than the normal licensed hours during the festive period on days where their normal terminal hour is 12midnight (with the exception of Hogmanay). 3. Background 3.1 Section 67 of the Act allows a licensing board, where they consider it appropriate to do so in relation to a special event of local or national significance, to determine that licensed hours can be extended by a specified period. 3.2 The Licensing Board’s Statement of Policy at paragraph 33 notes that it may utilise section 67 of the 2005 Act so to grant a general extension to relevant premises’ licensed hours during the festive season. This means that these premises will not be required to submit an application for an extended hours certificate to utilise these hours. Premises falling outwith the scope of this general extension or wishing to have additional hours beyond the terms of the general extension will be able to submit an application for an extended hours certificate. 3.3 The Festive Hours Policy, as agreed by the Licensing Board, will be served on Police Scotland and will be circulated to licence holders. Licensing Standards Officers will highlight the Festive Hours Policy during routine visits to licensed premises and will circulate it through trade associations. 4. Main Issues 4.1 The proposed Festive Hours Policy is enclosed at Appendix 1. The Policy narrates that where a premises licence holder’s operating plan at Question 4 indicates that they will operate according to seasonal demand then the premises will be entitled to utilise the additional hours granted by the Licensing Board by way of a general extension subject to a notification requirement. 4.2 Where a premises licence holder’s operating plan at Question 4 does not indicate that they will operate according to seasonal demand then an application for an extended hours certificate will need to be submitted and granted for the premises to take advantage of the additional hours outlined in the Policy. 4.3 It is proposed that the authority for the granting of applications for extended hours certificates be delegated to the Clerk of the Licensing Board where the terms of the application mirror the Policy. Applicants seeking hours outwith the terms of the Policy and the Licensing Board’s Statement of Licensing Policy will likely to be required to be referred to a meeting of the Licensing Board.
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4.4 Given that the premises licence holder must notify the Licensing Section and Police Scotland before utilising these additional hours, Police Scotland will be aware of the premises’ intentions. 4.5 In keeping with the practice of previous years, the Festive Period is defined as being be from Monday 8 December 2025 to Friday 2 January 2026 inclusive. 5. People Implications 5.1 All extended hours applications shall be processed by Licensing Section staff on behalf of the Board without adverse impact on the service provided by the Board or Licensing Section. 5.2 A general extension will reduce the number of applications for extended hours certificates. 6. Financial Implications 6.1 The report may have a financial benefit to the licensed trade over the Festive Period. 7. Risk Analysis 7.1 There is no increased risk to the Council associated with the contents of this report. 8. Equalities, Health & Human Rights Impact Assessment (EIA) 8.1 EIA 796: This Policy grants additional hours (usually only one hour) during the festive period. This has happened over a number of years. There have been no issues reported with the operation of this Policy. 9. Consultation 9.1 The proposals contained within this report have been previously discussed with Police Scotland. Police Scotland were content with the terms of the Policy subject to the condition that they are notified of which premises are taking up these hours. 9.2 The Festive Hours Policy was discussed at the West Dunbartonshire Licensing Forum meeting on 9 September 2025. The Licensing Forum at that meeting agreed to ask that the Licensing Board have regard to a submission from the Dumbarton and Vale of Leven Pubwatch (“the Pubwatch”) in relation to this Policy. The Pubwatch notes that Christmas Eve and Christmas Day this year falls on a Wednesday and Thursday respectively. This means that the terms of previous years Festive Hours Policies would allow licensing premises with permission to utilise festive extensions - without significant entertainment to trade - until 1am (such premises are largely licensed until 12midnight on these days) whereas on Boxing Day such premises will be able
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to open until 2am (such premises are largely licensed until 1am on these days). The Pubwatch asks that the Licensing Board considers amending its Festive Hours Policy to allow licensing premises with permission to utilise festive extensions - without significant entertainment - to trade until 2am on Christmas Eve and Christmas Day. It should be noted that if Members did not amend the Policy in this regard, it would still be open to such premises licence holders to apply for extended hours certificates. Alan Douglas Clerk to the Licensing Board 13 October 2025 Person to Contact: Michael McDougall, Manager of Legal Services, West Dunbartonshire Licensing Board, Council Offices, 16 Church Street, Dumbarton, G82 1QL Appendix: 1. Festive Hours Policy Background Papers: None Wards Affected: All Wards.