Subject:		Future Arrangements for Licensing Panel Hearings
Date of Meeting:		Licensing Committee (Licensing Act 2003 Functions)
Report of:		Executive Director Governance, People and Resources
Contact Officer:	Name:	Rebecca Sidell	Tel:	01273 291511
	Email:	Rebecca.sidell@brighton-hove.gov.uk
Ward(s) affected:		All

For general release

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 Director of Governance, People & Resources after

consultation with lead members to determine the future conduct of Licensing

Panels until further review at the next committee in June 2023. The intention

is to retain flexibility in the arrangements and to be able to respond to the

latest public health and government advice.

2. Recommendations

2.1    That Committee notes the ongoing risk of fluctuation in relation to Covid

infection rates as well as the additional benefits of holding virtual meetings in

terms of enabling participation in the Licensing process and recommends

that Licensing Panels continue to meet virtually until October 2023. This does

not preclude holding a panel hearing in person where the individual

circumstances of an application may warrant it.

2.2    That Committee delegates 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 October 2023.

2.3    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, the situation with other council meetings 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, 17 February 2022 and 13 October 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

            The minutes of this Committee held in February 2022 and since

illustrate that many members remain 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. Therefore, where the legal flexibility exists, as in this case, it seems sensible to continue with the virtual

meetings.

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. A decision to continue with virtual meetings does not preclude

holding a hearing in person where the individual circumstances of an

application warrant it.

4.     Analysis and consideration of alternative options

4.1    Delegation to officers avoids the need to convene further urgent committee

meetings and enables a flexible response to changing national or local

conditions.

4.2    The delegation is only temporary and will be reviewed at the next full licensing

            committee in October 2023. The alternative option would be to revert to all in person meetings for these meetings. This is not recommended for the reasons set out in the report.

5. Community engagement and consultation

5.1    These are regulatory hearings and the proceedings must give all parties the

ability to participate as appropriate and enable the press and public to see

and hear them

6. Conclusion

6.1    The Licensing Committee is empowered to determine procedures for its subcommittees (licensing panels) and is able to delegate this function, after

appropriate consultation, to senior officers for a temporary period in the

interests of effective and flexible decision making

7.      Financial implications

7.1    There are no additional financial implications arising from this report.

Name of finance officer consulted: Date consulted (dd/mm/yy):

8.      Legal implications

8.1    The Licensing Committee can determine its own procedures for its subcommittees (hearing panels) pursuant to s 9 Licensing Act 2003. There is no reason under the Licensing Act (see Section 10) why such determination cannot be delegated to officers in an appropriate manner as outlined in the report. Arguably each licensing panel could determine its own procedure at the outset but this is not practical given the need for advance notifications under the Hearings Regulations.

Name of lawyer consulted: Elizabeth Culbert Date consulted

9.      Equalities implications

9.1    The Council has a public sector equality duty under s149 of the Equality Act

2010. In the exercise of its functions the Council must have due regard to the

need to eliminate unlawful discrimination, harassment and victimisation;

advance equality of opportunity and foster good relations between persons who

share a relevant protected characteristic and those that do not. Decisions as to

procedures will always take this into account.

10.    Sustainability implications

10.1  No direct sustainability implications

11.    Other Implications

          Public health implications:

11.1  Any decision to move to more face to face meetings will be informed by the

latest public health guidance. Good practice would indicate that Members

should not attend meetings where they have respiratory infections and that

good ventilation continues to be advised.