The Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2014

Draft Order laid before Parliament under section 197(4) of the Licensing Act 2003, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2014 No.

Licences And Licensing, England

The Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2014

Made

2014

Coming into force

12th June 2014

The Secretary of State, in exercise of the powers conferred by sections 172(1) and (3) and 197(2) of the Licensing Act 2003(1), makes the following Order.

The Secretary of State considers that the celebration period in relation to which this Order is made marks an occasion of exceptional national significance.

The Secretary of State has consulted in accordance with section 172(4) of the Licensing Act 2003.

In accordance with section 197(4) of the Licensing Act 2003 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement, application and interpretation

1.  This Order may be cited as the Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2014 and comes into force on 12th June 2014.

2.  This Order applies only in relation to England.

3.  In this Order—

(a) the “celebration period” means the period beginning on 12th June 2014 and ending on 14th July 2014;

(b) the “specified relaxation period” means the parts of the celebration period set out in article 4; and

(c) the “tournament” means the external tournament known as the 2014 FIFA (Fédération Internationale de Football Association) World Cup in Brazil.

Specified times

4.  For the purposes of article 5, the “specified times” are—

(a) the period beginning at 11pm on 14th June 2014 and ending at 1am on 15th June 2014 (in relation to the tournament match between the Men’s Senior England Football Team and the Men’s Senior Italy Football Team);

(b) the period of four hours beginning at 8pm on 19th June 2014 (in relation to the tournament match between the Men’s Senior England Football Team and the Men’s Senior Uruguay Football Team);

(c) the period of four hours beginning at 9pm on 28th June 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 28th June 2014;

(d) the period of four hours beginning at 9pm on 29th June 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 29th June 2014;

(e) the period of four hours beginning at 9pm on 4th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 4th July 2014;

(f) the period of four hours beginning at 9pm on 5th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 5th July 2014;

(g) the period of four hours beginning at 9pm on 8th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 8th July 2014;

(h) the period of four hours beginning at 9pm on 9th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 9th July 2014;

(i) the period of four hours beginning at 9pm on 12th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 9pm on 12th July 2014; and

(j) the period of four hours beginning at 8pm on 13th July 2014, provided that the Men’s Senior England Football Team play in the tournament match which begins at 8pm on 13th July 2014.

Licensing hours

5.  Subject to articles 7 and 8, premises licences and club premises certificates to which article 6 applies have effect (to the extent that it is not already the case) during the specified relaxation period as if the specified times were included in the opening hours(2).

6.  This article applies to premises licences and club premises certificates by virtue of which the opening hours immediately precede or continue into the specified times.

7.  The opening hours are not to be treated by virtue of article 5 as including the specified times insofar as they relate to the use of premises for—

(a) the sale by retail of alcohol for consumption off the premises;

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises; or

(c) the provision of regulated entertainment.

8.  In relation to the use of premises for the provision of late night refreshment, the opening hours are only to be treated by virtue of article 5 as including the specified times if the premises may also be used at those times for—

(a) the sale by retail of alcohol for consumption on the premises; or

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption on the premises.

Name

Minister of State

Home Office

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 172 of the Licensing Act 2003, and marks the occasion of the participation of the Men’s Senior England Football Team in the 2014 FIFA World Cup (“the tournament”) which begins on 12th June 2014.

This Order provides for premises licences and club premises certificates to have effect during the specified times (to the extent that this is not already the case) as if the specified times were included in the opening hours under the licence or certificate. The specified times are set out in Article 4. The specified times in respect of the matches set out in Article 4(c) to (j) will only apply if the Men’s Senior England Football Team qualify to play in the match in relation to which the specified times are set out.

This Order only applies to licences and certificates which authorise licensable activities to be carried on up to or after the beginning of the period of the specified times.

This Order does not apply to—

(a) the sale by retail of alcohol for consumption off the premises,

(b) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption off the premises, or

(c) the provision of regulated entertainment.

This Order permits premises to be used for the provision of late night refreshment at the specified times only if at those times the premises may also be used for the sale or supply of alcohol for consumption on the premises.

This Order applies only in relation to England.

A full regulatory impact of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk .

(1)

2003 c.17.

(2)

The definition of “opening hours” is contained in section 172(5) of the Licensing Act 2003.