Hundreds of applications by licensees for extended opening hours during this year's World Cup are almost certain to fail, following a decision by magistrates.
Bicester Magistrates court this week ruled against an application by licensee Maurice Fermoy for extended opening for England's World Cup games.
The ruling, understood to be the first made for this year's tournament, is likely to set a precedent for other applications.
Because the World Cup is being held in Japan and South Korea, the time difference means two of England's three group games kick off before pub opening time.
Mr Fermoy, owner of the Buck and Bell in Banbury, had applied to open at 10am on Sunday, June 2, for England's first match against Sweden, and 11am on Sunday, June 30, for the World Cup Final.
But Bicester magistrates, acting according to guidance issued by the Magistrates' Association last month, rejected the application.
"They said watching football wasn't a participatory event," Mr Fermoy said. "They used case law, from the 1978 World Cup, that said yes watching football was a national event, yes it was a special event, but because it was not participatory it could not be grounds for an extension."
Mr Fermoy said he believed basing the guidance on case law more than 20 years old was not acceptable.
"Things have moved on. Pubs have big screens, background music, multiple televisions and a great atmosphere. We even invited the magistrates to come and watch the England v Holland match in the pub last week so they could see what it was like before they made a decision, but they decided there and then," he said.
Jenny Bracey, speaking for the Magistrates Association, said: "As far as the association is concerned we do not see watching football on TV as a special occasion."
But she added that each court's decision was made according to that particular case and said she did expect the decision to be challenged.
Mark Hastings, spokesman for the British Beer and Pub Association, said he would encourage as many licensees as possible to put in applications for extensions.
He said: "Magistrates must be about the only people in the country who don't view the World Cup as a special occasion. Magistrates have the discretion to allow extensions and it beggars belief, following a difficult year for the trade, that they are not willing to do their bit to help."
One of the concerns about extended hours expressed by police in Bicester was that the first match, on June 2, is the same weekend as the Queen's Golden Jubilee celebrations.
Mr Fermoy said: "It's so ironic that the Government is about to sign a deregulation order that will let pubs open longer a day later, but we can't open early for the football."
He is planning to appeal against the decision and urged other licensees and pub companies to challenge the guidance.
Many pubs are expected to open early despite the ruling to serve breakfast and soft drinks.
Related stories:
Publican's bid to open early for World Cup looks bleak (7 February 2002)
World Cup opening hours face objections from police (15 November 2001)
World Cup opening is still in balance (8 November 2001)
Pubs given nod to sell alcohol from 6am for World Cup matches (2 November 2001)
Early kick-off for World Cup means publicans may miss out on money-spinner (14 September 2001)