Licence to thrill

The football World Cup finals are usually a guaranteed way of generating money for pubs and restaurants. But with the tournament taking place at all the wrong times for viewing Brits, businesses have had to fight for special licences. Andrew Davies reports.

There's always a certain irony in the fact that the biggest fans of sport are usually the ones who eat and drink the most. The sight of a fat bloke lambasting a footballer for his "lack of pace in the final third" while he gets out of breath lifting his pint to his mouth is part of what makes the English game great - and what makes football such a bank raid for pubs and bars.

The World Cup finals kick off on 31 May with England and the Republic of Ireland taking part. Normally this would mean plenty of televised matches and bars full of men pontificating about the silky skills of the South Americans while spending lots of cash.

But this time around it isn't that simple. The tournament hosts are Japan and South Korea, which means, in the UK, kick-off times are 6.30am, 7.30am, 8.30am, 10am, 10.30am, 12pm or 12.30pm.

The first three crucial England games show how awkward this is. The first is on Sunday 2 June at 10.30am, the second on Friday 7 June at 12.30pm and the last on Wednesday 12 June at 7.30am. These early kick-offs mean bar owners have to get permission to open the doors as well as get punters through them - pubs and bars can't serve drinks at 7.30am or 10.30am unless they get permission to extend their hours.

Licensees must apply for a special order of exemption (SOE). As the name suggests, the function they're holding has to have a special nature to it, for example a wedding reception or 21st birthday party.

Magistrates' courts deal with SOEs, and earlier this year the Magistrates' Association (MCA) controversially issued guidance saying the World Cup should not be regarded as a special event and SOEs should not be granted. This guidance, based on a ruling made for the World Cup in 1978, has meant that most applications have already been turned down, much to the annoyance and puzzlement of licensees everywhere.

As far as they are concerned the World Cup is a very special event. A recent poll by Punch Taverns of its 3,500 licensees showed that 84% were planning World Cup events, compared with just 63% who were staging celebrations for the Queen's Jubilee, an occasion which the MCA has designated special.

Martin Gough, manager of the White Hart in Bristol, had his application turned down earlier this year. The pub's owner, Scottish & Newcastle, saw potential World Cup revenue disappearing fast with similar decisions across the country and decided to back Gough's appeal in the High Court on 12 April.

Gough's argument swung the decision in his favour. "Pubs are at the heart of today's football culture, and the World Cup is one of this country's most celebrated occasions," he says. "Why should a ruling made in 1978 be allowed to prevent football fans from enjoying the atmosphere of the World Cup at their local pub?"

The judges agreed that times had changed, saying that anyone going to a pub to watch a big screen with a large crowd of people is participating in something special - so the World Cup is a special event after all.

Now a precedent has been set, it is time for other licensees to start filling out new applications for SOEs. So how should the average licensee go about applying successfully? Jeremy Bark, a solicitor with Berwin Leighton Paisner in London, says everyone should make fresh applications rather than appeal one that has already been turned down. He explains that each application will be treated on its own merits, and stresses that the hours applied for in any application must relate to the times when the World Cup games will be screened, or courts might suspect that the licensee's intention is simply to gain extra trading hours rather than to allow customers to watch games collectively.

"The recent decision means that where an application for a special order of exemption is being made with the genuine intention that customers should be able to frequent your premises to collectively watch a World Cup match on a big screen then there is now no reason why a magistrate should refuse an application," Bark says. "That is provided the police have no objections and local residents will not be disturbed.

The High Court made it clear that people do go to licensed premises to watch sporting events collectively and that such occasions could be regarded as special. However, it is important that the premises have suitable and sufficient viewing facilities."

Crucial dates in the World Cup's opening stage

* 31 May, 12.30pm
World Cup opening game
France v Senegal

* 2 June, 10.30am
England v Sweden

* 5 June, 12.30pm Ireland v Germany

* 7 June, 12.30pm England v Argentina

* 11 June, 12.30pm
Ireland v Saudi Arabia

* 12 June, 7.30am
England v Nigeria

Quarterfinals

* 21 June, 7.30am and 12.30pm

* 22 June, 7.30am and 12.30pm

Semifinals

* 25 June, 12.30pm

* 26 June, 12.30pm

Final

* 30 June, 12pm

Applying for a World Cup extension

• If you are going to apply, do it straightaway as you are running out of time. If an application for an SOE is made more than one calendar month before the game for which the extension is required then the court may deal with the application without the need for a formal hearing. Where less than one month's notice is given then a court hearing will be required.
• Make the application properly. If a formal court hearing is required then always consider whether you are comfortable presenting the application yourself or whether legal representation might be more appropriate.
• Speak to your licensing officer before you lodge the application to find out if the police have any concerns or objections
• Make sure the viewing facilities are sufficient for the size of the premises. If you have a large pub then you may need a large screen or several smaller televisions. A small portable television in the corner of a large pub would probably be insufficient.
• If your premises are in a residential area, take steps to ensure there will be no disturbance to residents.
• Check for planning restrictions relating to your premises such as limitations on trading hours.