Licensing (Scotland) Act 2005 - Section 142: guidance for Licensing Boards – FIFA World Cup 2026

Introduction

Under section 142 of the Licensing (Scotland) Act 2005 (“the 2005 Act”), the Scottish Ministers may issue guidance to Licensing Boards as to the exercise of their functions under the 2005 Act. Section 142 of the 2005 Act requires Licensing Boards to have regard to the guidance. Any guidance is intended to assist Licensing Boards as they carry out their responsibilities under the 2005 Act.

The Scottish Government published updated section 142 guidance in January 2023.

This guidance is temporary supplementary guidance and relates to consideration of relevant issues to help facilitate a Licensing Board being able to determine extensions to licensed hours for games during the FIFA World Cup 2026.

The Men’s World Cup will take place in Canada, Mexico and the United States of America between 11 June 2026 – 19 July 2026.

Scotland play three games in their group:

Sunday 14 June 2026: Scotland vs Haiti – UK kick off time 0200

Friday 19 June 2026: Scotland vs Morocco – UK kick off time 2300

Wednesday 24 June 2026: Scotland vs. Brazil – UK kick off time 2300

Each of these games will likely finish beyond licensed hours for many, if not all, licensed premises within an area.

The issue arises due to UK kick off times for each of Scotland’s games being times that may lead to an issue with licensed premises usual opening hours. In particular, the game on Sunday 14 June is not expected to finish until approximately 0415-0430 (exact time dependent on a number of variables including additional time added by the referee etc.). However, the two other games will also not likely finish until 0115-0130 which will also create issues in terms of many licensed premises usual opening hours.

Licensing Boards may also want to consider extension of hours for further Scotland games if the team qualifies from the Group. The dates and times of such matches are of course still to be confirmed.

In addition to Scotland games, Licensing Boards may also wish to give consideration to allowing licensed premises to stay open to show other games during the World Cup with many late night/early morning kick offs UK time.

Where decisions have already been made, there is no need for re-taking of decisions in light of this guidance. However, for decisions yet to be made, the Scottish Government is keen to see a proportionate approach being taken by Licensing Boards across Scotland which would allow premises, where appropriate, to allow people to come together to watch games in a social environment by remaining open later than normal for the purpose of screening games, whilst maintaining public safety and minimising the risk of public nuisance or disorder.

While the licensing system is decentralised so that local communities are those that influence decisions through Licensing Boards, the 2005 Act envisages a role for Scottish Ministers to assist Licensing Boards in how they carry out functions under the 2005 Act. While not written into section 142 of the 2005 Act itself, where an issue is of national relevance then it may be considered there may be merit in Scottish Ministers providing further guidance to Licensing Boards as to the exercise of their functions in that regard.

The following information is intended to assist Licensing Boards in approaching consideration of determinations to grant extension of hours to on-sales of alcohol within Licensing Board areas during the World Cup.