Agenda item

The legal officer presented the report.

There was a brief discussion and members had questions for the legal officer.

RESOLVED:

a)  That all full licensing committee meetings shall take place in person.

b)  That there shall be a combination of remote and in-person licensing sub-committee hearings as set out below in the amended option C:

Option C: There is a combination of remote and in person hearings. 

This would include:

·  Due to the powers available to a sub-committee includes a revocation of a premises licence, it is proposed that all reviews under the Licensing Act 2003 to be held in person.  The only exemptions to this would be s.53B interim steps hearings and representations against interim steps hearings, due to emergency nature of the applications and the very short statutory timeframe these applications need to be heard by.

·  All other Licensing Act 2003 related applications licensing sub-committees to be held remotely. 

·  All non-Licensing Act 2003 related licensing sub-committees to return to be held in person. This would include hearings under the Gambling Act 2005, markets applications under the Food Act 1984 and special treatments licence applications under the London Local Authority Act 1990, which are low in number. 

·  For equality and for procedural fairness, any individual that has submitted a representation to any application and:

o  Is physically unable to attend a sub-committee hearing; or

o  Is unable to attend a sub-committee hearing due to reasons related to their religion and/belief;

o  Does not have access to the technology to attend a remote hearing

May request their attendance in their preferred format. This request must be made in writing  within 15 working days before the meeting. The granting of any request will be at the discretion of the chair, in liaison with officers.

c)  That the proposed guidance on licensing sub-committee hearings, attached as Appendix A of the report be approved.