We're on our way! From World Cup misery to happiness, will Scotland's licensing boards extend hours?

With Scotland taking to the pitch in the FIFA World Cup this summer, will Scottish licensing boards show their support by granting extended opening hours?

2026 is promising to be a huge year for sporting fans across many sports genres. In February alone we’ve seen the Winter Olympics (including the ice hockey), the Super Bowl LX (with a half-time performance by Bad Bunny), the Genesis Invitational, and the start of the Six Nations Championship and the ICC Men’s T20 World Cup – the list could go on. 

Fast-forward to June and July and we welcome Wimbledon, the Open Championship, the Commonwealth Games and, of course, the FIFA World Cup...

Back in the game

After 28 years, Scotland are finally back on the FIFA-inspected World Cup pitches as they face Haiti in Boston on 14 June, with a UK kick-off time of 2am. The team then face Morocco, again in Boston, on 19 June, with kick-off at 11pm UK time. The last group stage match is against Brazil in Miami on 24 June, again with kick-off at 11pm UK time. A group of death? A group of promise, surely.

With the nation hoping to celebrate this once-in-a-generation achievement, and perhaps even the team’s play, questions are being asked about where people can go to find a big screen and associated camaraderie. A number of politicians have come out in support of hospitality. Scottish Liberal Democrat leader Alex Cole-Hamilton said: “Pubs could be given special dispensation to show their matches in the event that they are scheduled for late at night.” He also suggested “fan parks” could be set up. 

Health Secretary Neil Gray MSP has said that the Scottish Government would look to work with licensing boards to consider possible licence extensions, saying: “In Scotland, clearly, the licensing decisions are made by local authorities, but of course, we’re going to be working with them to try to make sure that people are able to enjoy the celebration as Scotland get out of the group of death with Brazil, Morocco and Haiti.” First Minister John Swinney has said that 15 June should be a national holiday to allow a full celebration and recovery. 

Going into extra time

While licensing law in England and Wales allows the UK Government to issue a blanket extension for pubs for special events, this is not the case in Scotland. The Licensing (Scotland) Act 2005 leaves the decision for later opening hours entirely in the hands of the local licensing boards – we will not see a Scotland-wide approach. Although the Scottish Government has no direct say in the decisions of local licensing boards, MSPs can encourage consideration of later hours.

Scottish licensing boards do currently award what are called ‘general extensions’ or ‘seasonal variations’, which allow licensed premises to extend their hours in order to celebrate an ‘event of local or national significance’. Licensed premises in Edinburgh can benefit from additional hours during the August Festival period and at Christmas. These hours, once agreed, are automatic and licensed premises who have ‘seasonal variations’ within their premises licence would not need to specifically apply for them.

February has been a busy month for licensing boards, with many considering their position on extended hours. At least 12 boards have added football hours as an agenda item, with Edinburgh, Glasgow and Dundee in line to declare their positions by the end of the month. It is likely that the outcomes of these meetings will be a mix of blanket extensions of hours and/or requests for individual extended-hours applications from premises. Additionally, the extended hours could possibly apply only to the Scotland games, and perhaps the final itself.

Aberdeen Licensing Board has been first to score by confirming that for the Scotland games in the tournament, all hospitality venues can trade until 3am, with premises permitted to remain open until half an hour after the final whistle goes to allow for safe dispersal. This confirmed decision has been heralded by the trade and many others.

Playing by the rules

Where individual applications are required, these should be submitted as a priority, together with supporting documents identifying how the licensing objectives underpinning the Licensing (Scotland) Act 2005 will be upheld. This could be through alcohol/event management and dispersal plans, stewarding proposals, first aiders, provision of food or limiting capacity through tickets.

Most current wording on premises licences permits access by children and young persons to set hours, thus providing a natural age restriction. Applicants should consider the Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007.

In some cases, the extended hours applications will need to be heard at a licensing board hearing, rather than considered under delegated powers. Applicants should therefore be mindful of board dates. 

Last but not least, the activity of ‘televised sport’ must be permitted by the premises licence. If that activity is not confirmed in the affirmative on an operating plan, a ‘major variation’ application would be required – and time for the submission and granting of such an application is fast running out.

Setting up fan zones

With premises starting to advertise their events, indoor and outdoor fan ‘parks’ or ‘zones’ will be considered by many. There are plenty of examples of these parks/zones being used for various sporting and cultural events. These can be licensed by way of ‘occasional licence’ applications, but there may also be an additional ‘public entertainment licence’ requirement in certain local authority areas. 

Given the timing of the matches, the idea of a pop-up fan zone being licensed to 5am would be novel – but not completely unheard of. If proposals like this are to be considered and granted, expect licensing boards to be looking for significant comfort around how the licensing objectives will be upheld and a lack of objection from reporting agencies such as Police Scotland.

Licence holders are entitled to write to their relevant licensing board and make their views known. The Scottish hospitality trade bodies are also working hard to represent their members. East Lothian Licensing Board has closed its consultation.

What is clear is that there is a general appetite to gather opinions – accepting that they may be mixed – and explore the ways in which fans can enjoy the matches in safe, regulated spaces, and hopefully enjoy all that hospitality and sport have to offer.

Caroline Loudon is a partner at TLT LLP.