Licensing Hours Extensions Act 2026: negative SIs

A short new law changes how late‑opening for celebrations is approved. On 12 February 2026, the Licensing Hours Extensions Act 2026 became law, shifting future licensing‑hours extensions to the faster ‘negative’ statutory instrument route in England and Wales. The tweak is made by amending section 197 of the Licensing Act 2003. (bills.parliament.uk)

If you teach politics or law, this is a textbook moment to explain statutory instruments. SIs are the legal tools ministers use to add detail to Acts. Under the ‘affirmative’ procedure, Parliament must actively approve an SI-usually after committee scrutiny and a vote-before a minister can sign it. (parliament.uk)

Under the ‘negative’ procedure, the order takes effect on the date it says and remains law unless either House votes to annul it within about 40 sitting days. These SIs are still scrutinised for legal soundness and, by convention, are often laid at least 21 days before coming into force. Think of it as default “on”, with an emergency brake if concerns arise. (parliament.uk)

So why move licensing hours onto this track? Ministers told MPs the old automatic debates could slow time‑sensitive decisions; now, any MP or peer can still ‘pray against’ an order to prompt a debate, but it won’t be automatic. Historically, annulments are rare-the Commons last annulled a negative SI in 1979, the Lords in 2000. (hansard.parliament.uk)

What changes on your street is simple. For big national moments-think major football finals or royal events-a single Licensing Hours Order can now be made and take effect quickly, letting already‑licensed pubs choose to stay open later without filing thousands of individual Temporary Event Notices. In its World Cup 2026 consultation, the Home Office modelled late opening until 1am for the semi‑finals and final and noted around 132,200 eligible on‑sales premises across England and Wales. (gov.uk)

The government also flagged the timing issue: matches in the USA, Canada and Mexico are five to eight hours behind UK time, so fixtures can run well into the night here. A quicker SI route means decisions can land in days, not weeks, when a home nation reaches a late stage. (questions-statements.parliament.uk)

Parliament’s own research service records broad cross‑party backing. The Bill was introduced by Andrew Ranger MP and guided in the Lords by Lord Watson of Wyre Forest, with ministers supporting the change and trade press reporting a smooth passage. (lordslibrary.parliament.uk)

Two limits are worth remembering as you explain this in class. First, the Act applies only to England and Wales, where the Licensing Act 2003 framework operates; Scotland and Northern Ireland set their own rules. Second, the legal test for national extensions-events of “exceptional international, national or local significance”-stays exactly the same. (bills.parliament.uk)

Local safeguards still matter even with a faster switch. Ministers told Parliament they plan events with police and councils so there’s time to prepare, and any pub can choose not to use a blanket extension. The change removes paperwork on the night; it doesn’t remove responsibilities. (hansard.parliament.uk)

Speed does not erase scrutiny. Negative SIs can be made quickly yet sit under a 40‑day annulment window, and a Member can table a prayer motion if issues emerge. That balance-fast action with a safety valve-is what this reform targets. (parliament.uk)

For a classroom takeaway, let’s name the learning: primary law sets the “what”; secondary law handles the “how”. By moving licensing‑hours orders to the negative procedure, Parliament has changed the route, not the destination-and shown how process shapes real‑world outcomes. (parliament.uk)

What to watch next is straightforward. If England, Scotland, Wales or Northern Ireland reach the semi‑finals or final this summer, expect a Licensing Hours Order under the new negative procedure to appear on legislation.gov.uk, with Parliament still able to object within 40 days. (questions-statements.parliament.uk)