Supporters backing the landlord's St George campaign

Tony Bennett, 47, who runs The Otter in Thorpe Marriott, Norfolk, wants the 23 April recognised as a national holiday.

Norwich magistrates granted him an hours' extension last April because he was holding a charity function, not because St George's day was "special".

On Monday Law Lords turned down his request for a judicial review to get the day declared as a special occasion.

Quoted Shakespeare

Norwich magistrates agreed to the extension because the pub would raise money for charity - not because they recognised the day as special in the eyes of the law.

Mr Bennett said the extension had been given for the wrong reasons.

St George is the patron saint of England and has been recognised as such since mediaeval times Neil Addison

Judge Supperstone said there was "no basis" for Mr Bennett challenging the decision of the magistrates, adding the case was "hypothetical" anyway as the law had since changed with the introduction of new legislation governing 24-hour drinking.

He agreed with Norwich magistrates that 23 April was not special because there were no national celebrations and it was not a bank holiday.

Neil Addison, representing the landlord in court on Monday, told the judge that the magistrates had acted "perversely and illogically" in deciding that St George's Day was not special.

"St George is the patron saint of England and has been recognised as such since mediaeval times.

"Mr Bennett did not invent St George's Day."

Quoting from Shakespeare's Henry V, he said the king had inspired his army with the phrase: "Cry God for Harry, England and St George."

He added St George's Day events were organised throughout England and the Department of Media, Culture and Sport had instructed councils and other public bodies to fly flags on 23 April.