New Years Eve needs no extension

I am still being asked about the situation over New Year this year, so at the risk of repeating myself, I should set the record straight.

Last year, at the last moment, a deregulation order was passed that permanently affected the Licensing Act 1964 with regard to New Year's Eve.

From that time on, all New Years would have permitted hours running right the way through the night, starting at the commencement time on 31 December until the beginning of permitted hours on 1 January.

This means that there is no obligation on licensees to request any extension from the magistrates, because the period is built into the existing law.

Remember that the 1964 Act is still up and running, because very little of the 2003 Act has yet been brought into effect.

When it comes to stating your hours for your operating plan next year, you will include the New Year extension as part of your existing hours, because you al-ready have them.

In other words, they are now not really an extension at all: they are part of the normal permitted hours for all licensed premises.

For the Christmas and New Year period as a whole, you will still need to apply to the magistrates for the extensions that you need on other days, over and above those that have already been applied for as part of the agreed holiday "package".

For example, if you are having a special party on 23 December, you may need an extension for that date, whereas other pubs do not.

Responsibility for applying rests with you.

In the London area, applications for extensions are made not to the magistrates, but to the police, which invariably require a written application.

In all cases you will be asked to supply full details of the event and, in certain cases, a letter of confirmation from the person running the event or hiring your premises.

Outside London, most magistrates' courts will follow the Good Practice Guide recommendations for such extensions and also seek the completion of an application form with relevant details of the special event.

One final point: remember that there is the remote possibility of someone objecting to you being allowed to open all night.

They can apply for a restriction order if you were particularly rowdy last year.

In practice, such applications have usually been confined to the police and are very rare indeed.