the Diamond Jubilee weekend 2012 and licensing hour extensions

The consultation period on the forthcoming celebratory weekend and extensions to licensing hours for premises licences ended at the beginning of December 2011.
 

The Government had looked at the apparent success of the extensions granted for the Royal Wedding in 2011 and their preferred option for the Jubilee was a repetition of the Friday and Saturday 1 am extensions. The trade had made representations during the consultation period that the extension should apply to the Sunday and Monday on the basis that many premises already benefit from late hours on Friday and Saturday.

The Home Office has now laid a draft Statutory Instrument for approval by resolution of each House of Parliament under Section 172 of the Licensing Act 2003. It is expected that the order will simply be rubber-stamped by Parliament given the national importance of the celebrations.

The Order will be called the Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order 2012.

The celebration period begins on 1 June 2012 and ends on 3 June 2012 and operates between 11 pm and 1 am as a two hour extension of all licensable activities permitted  by an individual premises licence at 11 pm on each of the 1 June 2012 and 2 June 2012 (Friday and Saturday nights).  It does not add any regulated entertainment  where that is not permitted at 11 pm by the premises licence and so a TEN would be required if premises wish to provide entertainment which is not already covered by their existing licence . 

The Order also provides for extended hours for late night refreshment but only for premises used for the sale or supply of alcohol for consumption on the premises. Takeaways are therefore excluded.

The extended opening hours do not apply to premises licensed for the sale of alcohol for consumption off the premises only, or the supply of alcohol by or on behalf of a club for consumption off the premises.

Separately, the Bank Holiday, or late May Bank Holiday, has also been moved for 2012 only to Monday 4 June and a special Bank Holiday has been created to celebrate the Jubilee itself on Tuesday 5 June.

Operators may wish to consider the use of temporary event notices to either extend the two days subject to the Order or alternatively the Sunday or Monday, for example, dependent upon whether or not an individual premises licence provides an extension of hours for the Bank Holiday weekend in any event.

[At least this represents some good news for the trade at a time when consultations have also begun on the Late Night Levy and Early Morning Restriction Orders.]

For more information contact:

Phil Crier, head of Licensing and partner in our Southampton office, on 023 8085 7232 or phil.crier@bllaw.co.uk.

Jon Wallsgrove, partner and head of Business Regulatory in our Southampton office, on 023 8085 7224 or jon.wallsgrove@bllaw.co.uk.

Tim Williamson, a solicitor in our Oxford office, on 01865 253286 or tim.williamson@bllaw.co.uk.