Remote licensing hearings are lawful: High Court
Councils can hold remote licensing hearings lawfully under the Licensing Act 2003, according to a ruling handed down today (11 July) by the High Court.
In Walk Safe Security Services Ltd v London Borough of Lewisham [2024] EWHC 1787 (Admin), Mr Justice Chamberlain concluded that councils can conduct licensing hearings remotely on five points, dismissing a nightclub's case, which was on appeal from Bromley Magistrates' Court.
The nightclub in Catford had appealed against Lewisham's revocation of its premises licence in November 2022.
Among the grounds of appeal was a challenge to the London borough's use of Microsoft Teams to conduct the hearing.
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.
In the ruling handed down this morning, Chamberlain J said he found that remote hearings were permitted for reasons that "largely coincide with those of the District Judge".
The High Court judge said that the appeal raised the following "pure question of law": is it lawful for a licensing hearing before a local authority licensing committee to be held remotely?
Chamberlain J said he would rephrase the question posed and answer it as follows:
"Question: Under the Licensing Act 2003 and the Licensing Act (Hearings) Regulations 2005, may licensing committees in England hold licensing hearings remotely?
"Answer: Yes"
Setting out his reasoning for the decision, he noted that the terms "hearing" and "meeting" can be applied both to an in-person hearing and to a remote hearing using video-conferencing technology.
He also found that the legislative context does not define the term "place" and that "without such qualifying language, an online platform could properly be described as a 'place'".
Thirdly, he considered differences between licensing hearings and local authority meetings, concluding that: "Although the licensing function was always administrative rather than judicial, licensing hearings were previously undertaken by licensing justices and have many similarities with hearings before courts and tribunals, which have for some time been held remotely as well as in person."
He also found that there is "no clear indication" that remote hearings are precluded by the 2003 Act.
Stephen Walsh KC of Three Raymond Buildings and Matt Lewin of Cornerstone Barristers represented the London Borough of Lewisham, instructed by Rachel Lyne and Krishna Pancholi at Browne Jacobson.
Jeremy Phillips KC and Leo Charalambides of Francis Taylor Building, instructed by Dadds LLP, represented the nightclub.
Adam Carey
See also: Remote licensing hearings are lawful, High Court rules - Matt Lewin explains what the High Court ruling means for licensing authorities.
Matt will be hosting a webinar at 10am on 22 July 2024 to discuss the implications of the judgment for licensing authorities. To register, please click here.
