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

General extension of hours – section 67 of the 2005 Act

In the section 142 guidance published by the Scottish Government in January 2023, general extensions of licensing hours is covered as follows:

“9.25 The licensed hours for occasional licences require to be set out in the application for the licence and incorporated into the licence if granted. Section 67 of the 2005 Act provides Licensing Boards with a power to grant general extensions to licensed hours in connection with special events of local or national significance. However, licensed premises are not obliged to remain open for the period of any such extension. Section 68 of the 2005 Act which makes provision for extended hours applications does not apply to occasional licences.”

The 2005 Act refers to a Licensing Board making a ‘determination’ to grant general extensions to licensed hours.

A determination can apply to –

• the whole of the Licensing Board's area or only to specified parts,
• licensed hours generally or only to specified descriptions of those hours, and
• all licensed premises in the Licensing Board's area or only to specified descriptions of such premises.

The Scottish Parliament approved these powers to be contained within the 2005 Act so that they were ready to be considered for use as needed for special events of local or national significance as they occur.

The Scottish Ministers would expect each Licensing Board to consider whether to extend hours.

The decision in each board area is a matter for the Licensing Board, but given the national significance of the Scotland team’s achievement, the Scottish Government would guide Licensing Boards to consider use of the powers in section 67 of the 2005 Act as a matter of course.

It should be noted that where an extension of hours is granted, such a determination does not require any licensed premises to be open for the sale of alcohol during any or all of the period of extension hours specified. The effect of granting an extension means that individual premises can make their own decision whether to remain open, but that if they wish to do then they do not require to make their own individual request for extended hours.

This flexibility of approach would give greater freedom to licensed premises to make their own decision on opening while reducing the bureaucratic burden falling on business (by avoiding the need to apply for extended hours).

It is a matter for Licensing Boards to decide on how they further publicise the granting of a general extension of hours. At a minimum the Licensing Board may wish to post details on its website.

Licensing Boards are under a statutory duty to notify the chief constable and the appropriate licence holders to whom the determination applies.

Separate to notification once a determination has been made, we would guide Licensing Boards to consider what engagement they should undertake prior to making a decision on a determination.

Although section 67 of the 2005 Act does not require such engagement, it is considered appropriate to do with, as a suggested minimum, the chief constable given a general extension of hours in the early hours will have relevance for the operation of policing.