Scottish & Newcastle Retail's World Cup strategy has paid off, with a victory in the High Court that should let tens of thousands of pubs and bars open early in the morning for England's matches in the Far East this summer.
S&N Retail paid for the legal team behind the application by one of its John Barras managers, Martin Gough of the White Hart in Brislington, Bristol, for permission to open his pub to drinkers from 7am UK time on days that England was playing in the World Cup.
Time differences mean early evening matches in the Far East are early morning ones here. An insiders on S&N's legal team said pubs which open in the morning for World Cup matches could see a bonus worth "a nine-figure sum every match", or at least £100m in sales a day across England, as fans flock in for 8am to watch the game, support their team and buy a beer or three at the same time.
However, S&N had first to lose the case in front of licensing magistrates in Bristol, so that it could appeal to the High Court and win a ruling that would be binding throughout the country. Otherwise pubs and bars would be forced to fight individual campaigns in every licensing court in the country to try to get permission to open early for World Cup matches, with little guarantee of victory.
Magistrates in many parts of the country had already refused to allow pubs to open before 11am for the World Cup, citing a ruling made in a case in 1978.
A contact at S&N's solicitors, Osborne Clarke, said: "The case in Bristol had to be lost, but for the right reason - on the ruling in 1978 that World Cup matches were not a special occasion within the meaning of the licensing laws.
"That way we could appeal to the High Court, get a new ruling that the World Cup was a special occasion, and magistrates across the country would no longer have a reason for rejecting applications."
John Saunders QC, who was paid for by S&N, told the High Court that World Cup matches were now truly special occasions in which customers were participating in a celebratory event. He said that in 1970s, fans in pubs watched football matches on small television screens at the end of the bar. In contrast the White Hart had two 2.5-metre screens and one 30-inch television.
The estimated 37,000 pubs and bars across England which show live sport are now expected to line up outside their local magistrates' courts armed with the ruling in the White Hart case to apply for permission to open on World Cup match days, starting 12 June for England's game against Nigeria.
Mark Hastings of the British Beer and Pub Association, which also backed the White Hart in its fight, said: "Every week 3.5 million people watch football in the pub - that's more than go to football grounds. The pub is at the heart of football culture in Britain."
Punch Pub Co revealed after the hearing on Friday that 84% of its 4,200 licensees said they were going to celebrate the World Cup, against just 63% who are holding celebrations for the Queen's Golden Jubilee.
Punch's commercial director, Francis Patton, said: "This case will give our licensees a choice of whether to open, and I am confident that many of them will take up the opportunity."
S&N Retail paid for the legal team behind the application by one of its John Barras managers, Martin Gough of the White Hart in Brislington, Bristol, for permission to open his pub to drinkers from 7am UK time on days that England was playing in the World Cup.
Time differences mean early evening matches in the Far East are early morning ones here. An insiders on S&N's legal team said pubs which open in the morning for World Cup matches could see a bonus worth "a nine-figure sum every match", or at least £100m in sales a day across England, as fans flock in for 8am to watch the game, support their team and buy a beer or three at the same time.
However, S&N had first to lose the case in front of licensing magistrates in Bristol, so that it could appeal to the High Court and win a ruling that would be binding throughout the country. Otherwise pubs and bars would be forced to fight individual campaigns in every licensing court in the country to try to get permission to open early for World Cup matches, with little guarantee of victory.
Magistrates in many parts of the country had already refused to allow pubs to open before 11am for the World Cup, citing a ruling made in a case in 1978.
A contact at S&N's solicitors, Osborne Clarke, said: "The case in Bristol had to be lost, but for the right reason - on the ruling in 1978 that World Cup matches were not a special occasion within the meaning of the licensing laws.
"That way we could appeal to the High Court, get a new ruling that the World Cup was a special occasion, and magistrates across the country would no longer have a reason for rejecting applications."
John Saunders QC, who was paid for by S&N, told the High Court that World Cup matches were now truly special occasions in which customers were participating in a celebratory event. He said that in 1970s, fans in pubs watched football matches on small television screens at the end of the bar. In contrast the White Hart had two 2.5-metre screens and one 30-inch television.
The estimated 37,000 pubs and bars across England which show live sport are now expected to line up outside their local magistrates' courts armed with the ruling in the White Hart case to apply for permission to open on World Cup match days, starting 12 June for England's game against Nigeria.
Mark Hastings of the British Beer and Pub Association, which also backed the White Hart in its fight, said: "Every week 3.5 million people watch football in the pub - that's more than go to football grounds. The pub is at the heart of football culture in Britain."
Punch Pub Co revealed after the hearing on Friday that 84% of its 4,200 licensees said they were going to celebrate the World Cup, against just 63% who are holding celebrations for the Queen's Golden Jubilee.
Punch's commercial director, Francis Patton, said: "This case will give our licensees a choice of whether to open, and I am confident that many of them will take up the opportunity."
