Nightclub brings High Court challenge after licence revoked at remote hearing

The High Court will this week (15 May) hear a challenge being brought by a nightclub in south-east London to a licensing authority’s use of remote hearings.

The nightclub in Catford is appealing against the revocation of its premises licence in November 2022 by the Licensing Committee of Lewisham Council.

Cornerstone Barristers said that among the grounds of appeal is a challenge to the London Borough’s use of Microsoft Teams to conduct the hearing.
 
The set said that, in April 2023, District Judge Abdel-Sayed ruled in Lewisham’s favour, agreeing with the council that remote hearings were permitted under the Licensing Act 2003 and the Licensing Act (Hearings) Regulations 2005.
 
The nightclub then issued an appeal by case stated against the District Judge’s decision.
 
Cornerstone Barristers said: “This will be the first time the senior courts have considered this issue and the ruling will affect every licensing authority in England. Although there is no firm data, it is understood that roughly one-third of licensing authorities in London use a remote hearing procedure (fully or “hybrid”) and as do many authorities across England.”
 
Matt Lewin, a member of Cornerstone Barristers' Licensing Team, is representing the London Borough of Lewisham Council, led by Stephen Walsh KC and instructed by Rachel Lyne and Krishna Pancholi at Browne Jacobson.

Update: Judgment is understood to have been reserved following this week's hearing.