1. Purpose of the report and policy context

1.1 The report sets out the position in relation to the powers of the Licensing Committee to make its own arrangements in relation to the conduct of Licensing Panels convened under the Licensing Act 2003 (Licensing Panels).

1.2 The report proposes that members review the current arrangements and delegate authority to the Executive lead officer after consultation with lead members to determine the future conduct of Licensing Panels until further review at the next committee in November 2022. The intention is to build flexibility into the arrangements and be able to respond to the latest public health and government advice

2. Recommendations

2.1 That the Committee delegate authority to the Executive Director - Governance, People & Resources after consultation with the Chair and group spokespersons to determine arrangements for Licensing Panel hearings until the next Licensing Committee in November 2022.

2.2 That the Committee recommends that in exercising this authority the above officer takes into account all relevant factors including latest public health and government guidance and the need to ensure fair and transparent procedures in accordance with the Hearings Regulations 2005.

3. Context and background information

3.1 Following the outbreak of the Covid-19 pandemic the Government enabled local authorities to hold ‘virtual’ meetings under the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) (Amendment) Regulations 2020 (‘the Regulations’). These Regulations expired on the 7th May 2021 and a recent Court decision confirmed that the Council must run those of its meetings which are governed by the Local Government Act 1972 with members and the public in attendance at a physical meeting.

3.2 However, Licensing Panels are established under different legislation (the Licensing Act 2003 and the Licensing Act 2003 (Hearings) Regulations 2005.) This means that Licensing Committees are empowered to regulate their own procedures and those of its sub-committees (the Licensing Panels).

3.3 At the full Licensing Committees (Licensing Act 2003 Functions) on 24th June 2021, 14th October 2021, and 17 February 2022 members delegated authority to the Executive lead for Strategy Governance and Law after consultation with the Chair and group spokespersons to determine arrangements for Licensing Panels until further review by this committee. The decision was taken to continue to hold the panel hearings virtually via Teams pending review by this committee.

3.4 There is still uncertainty about future infection rates in the City. Council Committee meetings in person (where required by law) continue to take mitigation measures such as wearing masks and requiring testing. These are to be reviewed in July. It may seem sensible, where the legal flexibility exists as in this case, to continue with the virtual meetings. The minutes of this Committee held in February 2022 illustrate that many members remain largely supportive of virtual meetings as it was felt that there were also other advantages of remote attendance for both members and the wider public. It was considered that it encouraged wider participation in the licensing process generally, being less formal than an in-person meeting, more accessible and more convenient saving time on travel. The remote panels will continue to be webcast.

3.5 The committee is thus invited to review the arrangements and indicate if virtual meetings should continue or if attendance of members at Hove Town Hall is preferred with remote attendance still an option for other parties. The situation can be kept under review as appropriate in light of the latest public health advice, the conduct of other Council meetings, and the national picture.