Remote licencing hearings - are they lawful?

In what is believed to be the first case where the Courts have had to consider the question of remote licencing hearings, District Judge Sayed sitting at Bromley Magistrates Court found that licencing hearings held remotely are lawful. District Judge Sayed found that the relevant licencing authority can determine its own procedure when conducting licensing meetings.

Silks nightclub brought an appeal against the revocation of their premises licence following the London Borough of Lewisham revoking the licence due to violent incidents that occurred at the venue in 2021. The London Borough of Lewisham had conducted preliminary hearings over Microsoft Teams before the decision to revoke the licence was made. Silks challenged the use of remote hearings in such circumstances.

Defining place

The London Borough of Lewisham raised that the Licensing Act 2003 and the Licensing Act (Hearing) Regulations did not expressly require hearings to take place in person. The District Judge found that although the legislative provisions use the word ‘place’ to describe where a licencing hearing is to be held, the word ‘place’ is not defined in either. There was nothing within the legislative provisions that limited the scope of the word ‘place’.

The District Judge said: ‘Whether a hearing is conducted in person, or remotely, is a matter of procedure. Since there is no prohibition on remote hearings, the London Borough of Lewisham is able to determine its own procedure. The remote conduct of a licensing hearing is permitted in law’.

Moving forward, this judgement is likely to set a precedent for other licencing authorities to set their own processes and procedures for whether licencing hearings are held in person or remotely. It may be in due course there are precedents for which types of hearings are more suitable to be dealt with remotely, but until then, licencing authorities have the discretion. 

The new precedent

The ability to conduct licencing hearings remotely means there may not be a need for those involved in proceedings to physically attend a licencing authority’s premise for preliminary hearings if the matter can suitably be dealt with remotely. 

During the COVID-19 pandemic, solicitors conducting advocacy at Courts and within various types of proceedings adapted to the use of remote hearings, a practice that has remained within the criminal courts for various types of hearings. Licencing authorities having the ability to determine their own procedure for which hearings are held in person or remotely will mean a variation in procedure between different areas.

The solicitors within our regulatory department are able to assist with any licencing concerns that you or your business may have and be able to advise on whether a licencing authority is complying with the guidelines accurately. Our department is also able to represent individuals and companies either remotely at hearings or in person, whichever is required.

If you wish to discuss any legal issues relating to licencing that concerns you personally or your business, then please do not hesitate to contact our regulatory team, Tej Thakkar on 01206 217312 or Zoe Hosking on 01206 217323.