The Licensing Act 2003 (FIFA World Cup Licensing Hours) (Amendment) Order 2026

The Licensing Act 2003 (FIFA World Cup Licensing Hours) (Amendment) Order 2026 introduces targeted extensions to alcohol licensing hours for premises in England and Wales during specific knockout-stage matches of the 2026 FIFA World Cup. This Statutory Instrument amends the principal 2026 Order, primarily extending hours for the Round of 16 match on 6th July 2026, allowing premises to remain open for seven hours from 10 p.m. on 5th July. Furthermore, it adjusts the start time for the final match on 19th July 2026, if England participates, moving the extension commencement from 11 p.m. to 10 p.m. These amendments aim to facilitate public enjoyment of late-night matches without requiring individual Temporary Event Notices, reflecting a recurring governmental approach for events of exceptional national significance.

The landscape of alcohol licensing in England and Wales is periodically shaped by bespoke legislative interventions, particularly in anticipation of major national or international events. The recent promulgation of The Licensing Act 2003 (FIFA World Cup Licensing Hours) (Amendment) Order 2026 (S.I. 2026/742) exemplifies this trend, introducing specific adjustments to the licensing hours regime for the ongoing 2026 FIFA World Cup. This amendment builds upon the earlier Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2026 (S.I. 2026/520), which initially set out extended hours for certain knockout-stage matches involving England or Scotland.

This article delves into the provisions of the Amendment Order, analysing its practical implications for licensed premises and legal practitioners. It examines the specific changes to licensing hours, the rationale behind such legislative flexibility, and how this mechanism compares to other avenues for temporary licence variations under the overarching Licensing Act 2003. Understanding these nuances is crucial for ensuring compliance and advising clients effectively within the dynamic hospitality sector.

The foundational legislation governing the sale and supply of alcohol, the provision of regulated entertainment, and late-night refreshment in England and Wales is the Licensing Act 2003 (c. 17). This Act established a single integrated scheme for licensing premises, replacing a fragmented system and aiming to liberalise licensing hours while promoting four key objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. Under this Act, premises licences and club premises certificates typically specify the permitted hours for licensable activities.

While premises licences provide ongoing authorisation, the Act also includes mechanisms for temporary variations. One common method is the Temporary Event Notice (TEN), which allows for licensable activities on a temporary basis for events involving fewer than 500 people and lasting no more than 168 hours. However, for events of exceptional international, national, or local significance, Section 172 of the Licensing Act 2003 grants the Secretary of State the power to make a licensing hours order, automatically extending hours for all eligible premises without the need for individual TEN applications. This power has been exercised on several occasions for major sporting events, such as the UEFA European Championship in 2021 and the FIFA World Cup in 2022, setting a clear precedent for the current 2026 orders.

The initial Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2026 (S.I. 2026/520), made on 12th May 2026 and coming into force on 8th June 2026, confirmed extended opening hours for licensed premises in England and Wales during specific knockout-stage matches of the 2026 FIFA Men's World Cup, but only when England or Scotland are playing. This principal Order covered the Round of 32, Round of 16, Quarter-finals, Semi-finals, and the Final, providing a two-hour extension from 11 p.m. for matches kicking off on or before 9 p.m., and a three-hour extension from 11 p.m. for matches kicking off between 9 p.m. and 10 p.m. The recent amendment order specifically modifies these provisions in light of particular match timings.

The Licensing Act 2003 (FIFA World Cup Licensing Hours) (Amendment) Order 2026 (S.I. 2026/742) introduces two key adjustments to the extended licensing hours previously established by the principal 2026 Order. Firstly, it makes specific provision for the Round of 16 match scheduled for 1 a.m. on 6th July 2026. For this particular fixture, the Order extends licensing hours for licensed premises and qualifying clubs for a period of seven hours, commencing at 10 p.m. on 5th July 2026. This significant extension, lasting until 5 a.m. on 6th July, is a direct response to the late kick-off time of the match, ensuring that premises can serve alcohol throughout the game and for a reasonable period thereafter.

Secondly, the Amendment Order modifies the specified time for the final match of the tournament, scheduled for 8 p.m. on 19th July 2026, but only if England is involved. In such a scenario, the licensing hours extension will now begin at 10 p.m. instead of the 11 p.m. stipulated in the original Order. This earlier start to the extension provides an additional hour of extended trading, likely anticipating heightened celebratory activity should England reach the final. It is important to note that the remainder of the 2026 Order remains unchanged, meaning the extensions continue to apply only to on-trade premises already licensed for alcohol sales, and only when England or Scotland are playing in the specified knockout stages.

The mechanism of a national licensing hours order under Section 172 of the Licensing Act 2003 offers a streamlined approach compared to individual Temporary Event Notices (TENs). While TENs are flexible for smaller, ad-hoc events (limited to 499 people and 168 hours, with restrictions on frequency), a national order automatically extends hours for all eligible premises, reducing administrative burden on both licensees and local authorities. This avoids the need for premises to submit individual applications, pay fees, and navigate potential objections from police or environmental health, which can occur with TENs. However, a critical limitation of these orders is that they do not extend permissions for regulated entertainment or late-night refreshment beyond what a premises is already licensed to provide, unless those activities are ancillary to the extended alcohol sales. Furthermore, existing licence conditions, such as capacity limits, door supervision, and noise control, remain fully in force during the extended periods.

This legislative approach reflects a policy balance between facilitating public enjoyment of significant national events and maintaining the licensing objectives. The specific timings chosen for the extensions demonstrate a reactive legislative process, adapting to the actual schedule of the tournament and the potential involvement of home nations. For practitioners, this highlights the necessity of staying abreast of specific statutory instruments, as general guidance on the Licensing Act 2003, or even the principal 2026 Order, may not capture these granular, event-specific amendments. The Local Government Association has previously welcomed such flexibility, noting that the current process for Licensing Hours Orders, which requires parliamentary approval, can sometimes delay decision-making, leading to practical challenges for councils and licensees.

The Licensing Act 2003 (FIFA World Cup Licensing Hours) (Amendment) Order 2026 provides crucial, albeit highly specific, adjustments to alcohol licensing hours for the 2026 FIFA World Cup. For practitioners advising clients in the hospitality sector, the immediate implication is the automatic extension of permitted hours for the specified Round of 16 match and the potential final, removing the need for individual Temporary Event Notices for these particular occasions. This legislative intervention underscores the government's continued reliance on Section 172 of the Licensing Act 2003 to facilitate public celebrations for events of exceptional national significance, offering a blanket relaxation that simplifies compliance for many businesses.

However, it is imperative for licensees and their legal advisors to meticulously review the precise timings and conditions of both the principal 2026 Order and this amendment. Crucially, these extensions apply only to the sale of alcohol for on-premises consumption, do not alter permissions for regulated entertainment or late-night refreshment, and all existing licence conditions remain fully enforceable. Practitioners should advise clients to remain vigilant for any further amendments or specific guidance from local licensing authorities, ensuring operational readiness and continued adherence to all licensing objectives throughout the tournament. The ongoing trend of such bespoke orders suggests that this will remain a key mechanism for managing licensing hours during future major events, necessitating a proactive approach to legislative monitoring.