Parliament has enacted the Licensing Hours Extensions Act 2026, changing how national licensing hours orders are made under the Licensing Act 2003. The measure moves these orders from the affirmative procedure to the negative procedure. Royal Assent was granted on 12 February 2026 and the Act took effect immediately in England and Wales. (bills.parliament.uk)
Under the negative procedure, a statutory instrument ordinarily becomes law when signed and remains in force unless either House agrees a motion to annul it within a set period, usually 40 sitting days. Departments follow a convention to lay such instruments at least 21 days before commencement, and made negatives may come into force before the 40 days expire, subject to revocation if annulled. (parliament.uk)
Previously, licensing hours orders required affirmative approval by both Houses before coming into force, which constrained scheduling and consumed parliamentary time. Ministers argued the shift will retain the ability for Parliament to object while enabling orders to be made during recesses or at short notice when national events arise. (hansard.parliament.uk)
The legislative change is delivered by amending section 197 of the Licensing Act 2003 (regulations and orders) so that licensing hours orders are no longer listed for affirmative resolution but are made by negative resolution instead. The Home Office described this as a simple, procedural alteration to streamline handling. (hansard.parliament.uk)
Substantive policy tests for granting a licensing hours order are unchanged. Under section 172 of the Licensing Act 2003, the Secretary of State may relax licensing hours for occasions of exceptional international, national or local significance so that premises can open for specified extended hours, avoiding the need for large numbers of individual variations. (gov.uk)
Recent Home Office consultations illustrate how such orders are structured in practice. For the FIFA Men’s World Cup 2026, officials set out options under which an order could extend on‑premises alcohol sales nationally for specified matches, with examples including up to 1am following semi‑finals and the final, removing the need for Temporary Event Notices where an order applies. (gov.uk)
Parliamentary oversight continues to apply. Any MP may table a ‘prayer’ to stop a negative instrument, and time may be found for debate; however, successful annulments are rare, with the last in the Commons occurring in 1979. Legal and policy scrutiny by the Joint Committee on Statutory Instruments and the Lords Secondary Legislation Scrutiny Committee continues as normal. (parliament.uk)
For operational planning, the negative route provides shorter lead times. A made‑negative instrument can be signed and brought into effect ahead of the end of the 40‑day window, whereas the affirmative route required debates and approvals before commencement. Departments generally observe the 21‑day laying convention, but this can be departed from where necessary. (parliament.uk)
Territorial scope and timing are clear. The Act extends to England and Wales only and commenced on Royal Assent on 12 February 2026. Devolved administrations are responsible for their own arrangements, and the UK change does not alter licensing frameworks in Scotland or Northern Ireland. (hansard.parliament.uk)
For licensees and local authorities, the main practical effect is procedural speed: blanket extensions can be confirmed with less parliamentary scheduling risk, while premises remain free to decide whether to use any extended hours set in an order. Where a national order is made, premises covered do not require Temporary Event Notices for the specified period. (hansard.parliament.uk)