Home Office Minister calls for licensing hearings to proceed “wherever possible”

Licensing hearings should proceed “wherever possible” even though regulations allow for many of them to be deferred during the period of social distancing, the Minister of State for Crime and Policing has said.

In a letter to chairs of licensing committees, Kit Malthouse suggested that licensing authorities might wish to consider “a pragmatic and more flexible approach during this outbreak, while ensuring the licensing objectives are safe-guarded”.

He said he appreciated that licensing teams, as well as other local authority services, might now be subject to redeployment or operating with a reduced staff.

The minister wrote amongst other things that:

• The Coronavirus Act 2020 provides express provision for remote licensing hearings to take place. Regulations commencing those provisions were published last week.
• Local authorities have discretion when considering non-payment or late payment of an annual premises licence fee or a late-night levy charge. While section 55A of the Licensing Act 2003 requires that the licence be suspended, it is possible to delay when that suspension takes effect. “Where businesses are experiencing difficulties, I would expect them to make their licensing authority aware. The authority should consider delaying any suspension of the licence where the delay in payment or non-payment is related to COVID-19.”
• Those premises that remain open during the outbreak may well have key personnel who are self-isolating in line with Government guidance or unwell. “It is important that matters such as varying the premises designated premises supervisor are dealt with as promptly as possible.”
• Retailers may be operating under licences with conditions that may prove difficult to comply with in the current period due to absenteeism. “A considered and pragmatic approach should be taken to breaches of licence conditions and procedural defects caused by the COVID-19 pandemic, particularly where these breaches or defects do not have a significant adverse impact on the licensing objectives. Licence holders must rectify any breaches as soon as reasonably practicable.”
• Some licensed premises have restrictions on deliveries as a licence condition. “Where this is so, I would urge licensing authorities to follow the wider advice and derogations set out by the Department for Business, Energy and Industrial Strategy. Allowing deliveries outside normal delivery times will be essential in some stores in ensuring adequate supply.”
• During the current period it may not be possible for applications to be advertised in local newspapers. “The regulations provide for flexibility in such cases to advertise in a local newsletter, circular or similar document. I recommend that authorities make applicants aware of this. Authorities should also consider advertising all applications on local authority websites. With blue notices less likely to be seen, authorities should, at a minimum, inform local ward councillors and, where established, local resident groups of all applications relating to premises in their vicinity (for example by email) so they are made aware of relevant applications and are able to make representations in response during the consultation period if they so wish.”

Malthouse said: “These are extremely challenging times. With the right spirit of collaboration, communication and pragmatism, I believe that we can get through them with minimum damage to businesses and to the licensing objectives.”