Item 4 Appendix 2 - World Cup Extended Opening Hours
West Dunbartonshire Council · 12 May 2026
Back to Licensing Board — 12 May 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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LICENSING (SCOTLAND) ACT 2005 (THE ACT) - STATUTORY GUIDANCE (UNDER SECTION 142) IN RELATION TO EXTENSION OF LICENSED HOURS – POSSIBLE SG APPROACH TO WORLD CUP 2026 Context Under section 142 of the Act, the Scottish Ministers may issue guidance to Licensing Boards (boards) as to the exercise of their functions under the Act. Section 142 of the Act requires boards to have regard to the guidance. Any guidance does not seek to instruct boards exactly how to make the Act work. It is intended to assist boards as they carry out their responsibilities under the Act. In the current version of the guidance issued in January 2023, general extensions of licensing hours is covered as follows: 9.25 The licensed hours for occasional licences require to be set out in the application for the licence and incorporated into the licence if granted. Section 67 of the 2005 Act provides Licensing Boards with a power to grant general extensions to licensed hours in connection with special events of local or national significance. However, licensed premises are not obliged to remain open for the period of any such extension. Section 68 of the 2005 Act which makes provision for extended hours applications does not apply to occasional licences. As work was done to develop updated guidance which ultimately became the guidance published in 2023, more expansive wording was considered based on the previous guidance. For reasons of brevity, this was not included in the 2023 guidance but it is helpful to include it here for ease of reference: Licensed Hours Licensing Boards should recognise that events of local or national significance will arise from time to time which could not have been anticipated when the operating plan was prepared. Such events can give rise to the need to vary the licensed hours of large numbers of premises licences. In these circumstances, there are two ways in which hours may be extended, either on application by individual licence holders or a general extension across the licensing area. Extensions of licensed hours Where a licensed premises wishes to provide for an event, sections 68 to 70 enable Licensing Boards to process an extended hours application from the licence holder where there is no provision for the extended hours in the operating plan. The application must relate to a special event or occasion to be catered for on the premises, for example a wedding. An extended hours application can also be made in connection with a special event of local or national significance.
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The chief constable and Licensing Standards Officer must be notified by the Licensing Board when the Board receives an extended hours application. Within 10 days of the receipt of that notice the Licensing Standards Officer must prepare and submit a report setting out the officer’s comments on the application to the Licensing Board The chief constable may, within 10 days of receipt of the notice, object to the application if the chief constable considers it necessary to do so for the purposes of any of the licensing objectives. There is provision in the legislation to deal with an application in a shorter period. If the Board is satisfied that the application requires to be dealt with quickly they can require that the deadline for the submission of any report from the Licensing Standards Officer and any notice of objection from the chief constable, must be submitted to the Board earlier than the usual 10 days from notification of the application. For instance, they could require any report or objection to be submitted within 5 days of the notification of the application. However, the Board cannot require these to be sent less than 24 hours from notification of the application. When the response period is reduced, the Licensing Standard Officer’s duty to submit a report on the application becomes optional. This expedited process can accommodate applications where it is not possible to make the application within the usual statutory timescales. The Licensing Board will have complete discretion as to whether to grant the application taking into account any police objections and Licensing Standards Officer’s comments and having regard to the licensing objectives. Licensing Board’s power to grant general extensions of licensed hours Section 67 of the Act provides a power for Licensing Boards to grant general extensions to licensed hours in connection with special events of local or national significance if they consider it appropriate to do so. The Act refers to a Licensing Board making a ‘determination’ to that effect. A determination can apply to – • the whole of the Licensing Board's area or only to specified parts, • licensed hours generally or only to specified descriptions of those hours, and • all licensed premises in the Licensing Board's area or only to specified descriptions of such premises. Even if granted, such a determination does not require any licensed premises to be open for the sale of alcohol during any or all of the period of extension hours specified. The determination will have effect for such a period as the Licensing Board specifies. It is a matter for Licensing Boards to decide on how they further publicise the granting of a general extension of hours. At a minimum the Licensing Board may wish to post details on its website. However the Licensing Board is under
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a statutory duty to notify the chief constable and the appropriate licence holders to whom the determination applies. Possible SG approach There are calls for the Scottish Government to help ensure as consistent an approach as possible is taken for general grants of extended hours across Scotland. While the licensing system is decentralised so that local communities are those that influence decisions through boards, the Act does envisage a role for Scottish Ministers to assist boards in how they carry out functions under the Act. While not written into section 142 itself, where an issue is of national relevance then it may be considered there may be more merit in Scottish Ministers offering their views through guidance than may be appropriate for more local based issues. This tension between local decision-making and national consistency is a long- standing issue for how licensing operates. However, this specific issue; namely a national issue (Scotland reaching the World Cup for the first time this century) and how the people of Scotland can come together to enjoy the games seems appropriate for Scottish Ministers to help assist boards across the country in how they carry out their functions under the Act including whether to grant a general extension within their area. Section 67 provides for the following: In terms of what the Scottish Ministers could do under section 142 guidance powers, the following is suggested as a possible way to approach it.
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Draft Section 142 guidance Licensing (Scotland) Act 2005 – board powers to determine a general extension of hours – Scotland’s Men Team qualification for the World Cup 2026 Introduction This guidance is supplementary guidance and relates to the operation of section 67 of the Act. It relates to consideration of relevant issues to help facilitate a licensing board being able to determine general extensions to licensed hours for Scotland Men’s team group games in World Cup 2026. Scotland play three games in their group: Sunday 14 June 2026: Scotland vs Haiti – kick off time 0200 Friday 19 June 2026: Scotland vs Morocco – kick off time 2300 Wednesday 24 June 2026: Scotland vs. Brazil – kick off time 2300 Each of these games will likely finish beyond licensed hours for many, if not all, licensed premises within an area. While some nightclubs may likely not be affected depending on their licensed hours, pubs – which tend to have earlier closing times – likely will be. The issue arises due to UK kick off times for each of Scotland’s games being times that may lead to an issue with licensed premises usual opening hours. In particular, the game on Sunday 14 June is not expected to finish until approximately 0415-0430 (exact time dependent on a number of variables including additional time added by the referee etc.). However, the two others games will also not likely finish until 0115- 0130 which will also create issues in terms of many licensed premises usual opening hours. The following information is intended to assist with boards in approaching consideration of determinations to grant extension of hours to on-sales of alcohol within board areas. Historic achievement of national significance The qualification of the Scotland Men’s team to the World Cup represents the first time this century that the team has qualified. This is a magnificent achievement by the team that people across Scotland are very proud of and it is the first time under the Licensing (Scotland) Act 2005 where consideration can be given to determining extension of licensed hours for the on-sale of alcohol in the context of Scotland being involved in the World Cup. Section 67 of the Act provides a power for Licensing Boards to grant general extensions to licensed hours in connection with special events of local or national significance if they consider it appropriate to do so. Scotland qualifying for the World Cup clearly represents an event with national significance.
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The Scottish Ministers are clear that the people of Scotland should be given as much opportunity as possible to watch Scotland play including in places where they can come together with fellow fans to enjoy the games. Extension of hours - powers in section 67 of the Act and suggested other considerations The Act refers to a Licensing Board making a ‘determination’ to grant general extensions to licensed hours. A determination can apply to – • the whole of the Licensing Board's area or only to specified parts, • licensed hours generally or only to specified descriptions of those hours, and • all licensed premises in the Licensing Board's area or only to specified descriptions of such premises. The Scottish Parliament approved these powers to be contained within the Act so that they were ready to be considered for use as needed for special events of local or national significance as they occur. The Scottish Ministers would expect each licensing board to consider whether to extend hours. The decision in each board area is a matter for the board, but given the national significance of the Scotland team’s achievement, we would guide boards to consider use of the powers in section 67 as a matter of course. It should be noted that where an extension of hours is granted, such a determination does not require any licensed premises to be open for the sale of alcohol during any or all of the period of extension hours specified. The effect of granting an extension means that individual premises can make their own decision whether to remain open, but that if they wish to do then they do not require to make their own individual request for extended hours. This flexibility of approach would give greater freedom to licensed premises to make their own decision on opening while reducing the bureaucratic burden falling on business (by avoiding the need to apply for extended hours). It is a matter for Licensing Boards to decide on how they further publicise the granting of a general extension of hours. At a minimum the Licensing Board may wish to post details on its website. Licensing Boards are under a statutory duty to notify the chief constable and the appropriate licence holders to whom the determination applies. In addition, we would guide boards to consider other interests to notify in consideration of an extension of hours including XXX and YYY. Separate to notification once a determination has been made, we would guide boards to consider what engagement they should undertake prior to making a decision on a determination. Although section 67 does not require such engagement, it is considered appropriate to do with, as a suggested minimum, the chief constable
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given a general extension of hours in the early hours of three different days will have relevance for the operation of policing. Scottish Government January 2026