Pub - Licensing Laws

Licensing Laws

From the mid-19th century on the opening hours of licensed premises in the UK were restricted. However licensing was gradually liberalised after the 1960s, until contested licensing applications became very rare, and the remaining administrative function was transferred to Local Authorities in 2005.

The Wine and Beerhouse Act 1869 reintroduced the stricter controls of the previous century. The sale of beers, wines or spirits required a licence for the premises from the local magistrates. Further provisions regulated gaming, drunkenness, prostitution and undesirable conduct on licensed premises, enforceable by prosecution or more effectively by the landlord under threat of forfeiting his licence. Licences were only granted, transferred or renewed at special Licensing Sessions courts, and were limited to respectable individuals. Often these were ex-servicemen or ex-policemen; retiring to run a pub was popular amongst military officers at the end of their service. Licence conditions varied widely, according to local practice. They would specify permitted hours, which might require Sunday closing, or conversely permit all-night opening near a market. Typically they might require opening throughout the permitted hours, and the provision of food or lavatories. Once obtained, licences were jealously protected by the licensees (who were expected to be generally present, not an absentee owner or company), and even "Occasional Licences" to serve drinks at temporary premises such as fêtes would usually be granted only to existing licensees. Objections might be made by the police, rival landlords or anyone else on the grounds of infractions such as serving drunks, disorderly or dirty premises, or ignoring permitted hours.

Detailed licensing records were kept, giving the Public House, its address, owner, licensee and misdemeanours of the licensees, often going back for hundreds of years. Many of these records survive and can be viewed, for example, at the London Metropolitan Archives centre.

The restrictions were tightened by the Defence of the Realm Act of August 1914, which, along with the introduction of rationing and the censorship of the press for wartime purposes, restricted pubs' opening hours to 12 noon–2:30 pm and 6:30 pm–9:30 pm. Opening for the full licensed hours was compulsory, and closing time was equally firmly enforced by the police; a landlord might lose his licence for infractions. There was a special case established under the State Management Scheme where the brewery and licensed premises were bought and run by the state until 1973, most notably in Carlisle. During the 20th century elsewhere, both the licensing laws and enforcement were progressively relaxed, and there were differences between parishes; in the 1960s, at closing time in Kensington at 10:30 pm, drinkers would rush over the parish boundary to be in good time for "Last Orders" in Knightsbridge before 11 pm, a practice observed in many pubs adjoining licensing area boundaries. Some Scottish and Welsh parishes remained officially "dry" on Sundays (although often this merely required knocking at the back door of the pub). These restricted opening hours led to the tradition of lock-ins.

However, closing times were increasingly disregarded in the country pubs. In England and Wales by 2000 pubs could legally open from 11 am (12 noon on Sundays) through to 11 pm (10:30 pm on Sundays). That year was also the first to allow continuous opening for 36 hours from 11 am on New Year's Eve to 11 pm on New Year's Day. In addition, many cities had by-laws to allow some pubs to extend opening hours to midnight or 1 am, whilst nightclubs had long been granted late licences to serve alcohol into the morning. Pubs near London's Smithfield market, Billingsgate fish market and Covent Garden fruit and flower market could stay open 24 hours a day since Victorian times to provide a service to the shift working employees of the markets.

Scotland's and Northern Ireland's licensing laws have long been more flexible, allowing local authorities to set pub opening and closing times. In Scotland, this stemmed out of a late repeal of the wartime licensing laws, which stayed in force until 1976.

The Licensing Act 2003, which came into force on 24 November 2005, consolidated the many laws into a single Act. This allowed pubs in England and Wales to apply to the local authority for the opening hours of their choice. It was argued that this would end the concentration of violence around 11.30 pm, when people had to leave the pub, making policing easier. In practice, alcohol-related hospital admissions rose following the change in the law, with alcohol involved in 207,800 admissions in 2006/7. Critics claimed that these laws would lead to "24-hour drinking". By the time the law came into effect, 60,326 establishments had applied for longer hours and 1,121 had applied for a licence to sell alcohol 24 hours a day. However nine months later many pubs had not changed their hours, although some stayed open longer at the weekend, but rarely beyond 1:00 am