Judgment reserved in dispute over lawfulness of remote licensing hearings

A Magistrates' Court is expected to hand down a ruling this month in an appeal of a London borough's decision – following a series of hearings that took place on Microsoft Teams – to revoke a premises' licence.

The appellant, who owns a nightclub named Silks, sought as part of its appeal to challenge Lewisham Council's use of a remote licensing hearing.

Legal argument on this preliminary issue was heard by District Judge Abdel Sayed at Bromley Magistrates' Court late last month (30 March 2023), according to Cornerstone Barristers, and judgment is expected in mid-April.

The set said: “Lewisham, like many other licensing authorities across the country, has continued to hold licensing hearings remotely notwithstanding the lifting of social distancing rules in 2021 and the decision of the High Court in R (Hertfordshire County Council) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin)……

“Although, as a decision of the magistrates’ court it will not technically be binding on any other licensing authority, this case is thought to be the first in which the courts have been asked to specifically rule on whether the Licensing Act 2003 and the Licensing Act (Hearings) Regulations 2005 permit the use of remote hearings on platforms such as Microsoft Teams and Zoom. The outcome is therefore expected to be of great interest to licensing authorities and practitioners across the country.”

Matt Lewin of Cornerstone Barristers was instructed by the London Borough of Lewisham.

Jeremy Phillips KC and Leo Charalambides, both of Francis Taylor Building, have been instructed by Silks.

Adam Carey