On 11 July 2024, the High Court ruled that remote licensing hearings are lawful, meaning that all Licensing Authorities in England and Wales are now authorised to hold licensing hearings remotely.
The hearings can be either fully remote or a hybrid procedure where some participants may attend a physical location and others may join via video conferencing technology.
A Licensing Committee is permitted to regulate its own procedure under Regulation 21 of the Hearings Regulations, but it must act fairly and in accordance with procedural rights to a fair hearing under Article 6 of the Human Rights Act. Consideration should be given as to whether a remote hearing can be held in a way which is fair to all parties. If a remote hearing would not be fair to all parties, alternative arrangements should be considered.
Following this ruling, Local Authorities should have a written protocol setting out the practicalities of holding a remote hearing. This should take into consideration:
- the criteria for holding an in-person hearing, whether fully remote hearing or hybrid procedure;
- what constitutes valid attendance by members of the committee, parties to the hearing, officers and members of the public;
- how they will ensure access to the hearing by members of the public;
- additional measures to ensure that a remote hearing will not result in unfairness to any party to the hearing.
Birketts has a dedicated Licensing Team and we would be happy to discuss any licensing query with you. Please contact Karen Lolotte or Julie Gowland.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at July 2024.