The Home Office has published a consultation proposing a relaxation of licensing hours (by way of a licensing hours order under section 172 of the Licensing Act 2003) in England and Wales to mark HM The Queen’s Platinum Jubilee on 2 June 2022.
This would serve to extend opening hours from 11pm to 1.00am on Thursday 2 June, Friday 3 June and Saturday 4 June 2022 (ending at 1.00am on Sunday 5 June 2022) for the:
- sale of alcohol for consumption on the premises,
- provision of regulated entertainment and
- provision of late-night refreshment
in licensed premises in England and Wales.
The Consultation document (that you can download below) reads as follows:
This paper sets out for consultation proposals to relax the licensing hours for the Her Majesty the Queen’s Platinum Jubilee. The consultation is aimed at members of the public, local licensing authorities, licensed premises, and other interested parties in England and Wales where these proposals apply.
Copies of the consultation are being sent to:
- Local Government Association
- National Association of Licensing Enforcement Officers
- Institute of Licensing
- National Organisation of Residents Associations
- National Police Chiefs Council
- Association of Police and Crime Commissioners
- British Beer and Pub Association
- Association of Licensed Multiple Retailers
- Wine and Spirits Trade Association
- Alcohol Health Alliance
- Alcohol Research and Concern
- Institute of Alcohol Studies
However, this list is not meant to be exhaustive or exclusive and responses are welcomed from anyone with an interest in or views on the subject covered by this paper.
1. The Government is consulting on whether to relax licensing hours across England and Wales to mark the Her Majesty the Queen’s Platinum Jubilee on the 2 June 2022. The Government proposes to make a licensing hours order under section 172 of the Licensing Act 2003 which would extend opening hours from 11 pm to 1.00 am on Thursday 2 June, Friday 3 June and Saturday 4 June 2022 ending on Sunday 5 June 2022 for the sale of alcohol for consumption on the premises and the provision of regulated entertainment in licensed premises in England and Wales.
2. The Government has decided that, were it to relax licensing hours nationally following this consultation, this would relate to the sale of alcohol for consumption on the premises only and the provision of late-night refreshment in on-trade licensed premises. The Government believes that the on-trade provision of late-night refreshment in licensed premises would be appropriate to accompany a relaxation of alcohol licensing hours to mark the Queen’s Platinum Jubilee, not least to support people to drink responsibly.
3. The Government considers that any national relaxation of licensing hours should not apply to the sale of alcohol for consumption off the premises (i.e. in supermarkets and off-licences) as anyone wishing to mark the occasion at home will be able to buy alcohol during normal shopping hours. Late-night refreshment venues, by definition, are already licensed to open late at night and would not benefit from a relaxation in licensing hours. Unlicensed premises would also not benefit from a relaxation in licensing hours and would still need to use a Temporary Event Notice (TEN) to undertake licensable activities.
4. The purpose of any national relaxation of licensing hours to mark the Her Majesty the Queen’s Platinum Jubilee would be to enable pubs and other on-trade premises to sell alcohol and late-night refreshment to those wishing to extend their celebrations of the Queen’s Platinum Jubilee beyond their normal licensing hours over the extended bank holiday period.
5. Under section 172 of the Licensing Act 2003 (the Act), the Secretary of State may make an order relaxing licensing hours for licensed premises in relation to a ‘celebration period’ to mark an occasion of ‘exceptional international, national or local significance’. A ‘licensing hours order’ can be used to relax licensing hours in licensed premises during a period not exceeding four days. An order may be applied to all licensed premises in England and Wales or only to premises in one or more specific areas. Other variables in the order are the dates, times and licensable activities to which it applies. Since the introduction of the Act, this national power has been used to mark the Royal Wedding in 2018 and the Royal Wedding in 2011, the Queen’s Diamond Jubilee in 2012, and the Queen’s 90th Birthday celebrations in 2016. The power was also used during the World Cup in 2014 and the 2020 UEFA European championship final.
6. The Queen’s Platinum Jubilee is a national celebration and the Government wishes for everyone to be able to celebrate fully. It is likely that many pubs and other licensed premises will wish to open later over the Queen’s Platinum Jubilee weekend to take advantage of the celebrations and the extended bank holiday.
7. Licence holders currently have the option of using a Temporary Event Notice (TEN) to extend their opening hours for a limited period. A TEN costs £21.00 and must be submitted at least 10 working days before the event begins. However, they are subject to certain annual limits and may be refused if the police object on the grounds of crime and disorder. The TENs regime also allows people or organisations without existing licenses to give notice that they intend to sell alcohol at times when this would not otherwise be authorised on a ‘one-off’ limited basis. This system is designed to balance giving people and organisations flexibility in selling alcohol and carrying on other licensed activities, with protecting local people from the problems this can cause, including crime and disorder and public nuisance.
8. There are however potential risks to relaxing licensing hours such as the impact on enforcement agencies. Alcohol-related crime and disorder accounts for more than half the societal costs of alcohol and, while the number of alcohol-related violent incidents have been falling consistently, they have tended to account for between 40% and 50% of all violent incidents. The Government believes that any risk of additional disorder in relation to the licensing hours extension is low. There have been no reports of increased disorder as a result of the previous extensions to licensing hours. This consultation will allow the police time to prepare in advance and allow other partners to respond accordingly.
9. On coming to its final decision on whether or not to relax the licensing hours nationally, the Government will balance reducing burdens on businesses wishing to celebrate the Queen’s Platinum Jubilee with protecting the public from potential crime and disorder and public nuisance late at night.