Agenda item

This report asks Members to determine the format of licensing sub-committee hearings held by the City of York Council (the Council), as the licensing authority, when determining applications made under the Licensing Act 2003 (the 2003 Act) and Gambling Act 2005 (the 2005 Act) which have been opposed.   

Members considered a report asking them to determine the format of licensing sub-committee hearings held by the City of York Council (the Council), as the licensing authority, when determining applications made under the Licensing Act 2003 (the 2003 Act) and Gambling Act 2005 (the 2005 Act) that had been opposed.   The Council’s current practice of holding remote of sub-committee hearings had been queried by some members of the Committee and it was important that Members agreed whether to hold sub-committee hearings remotely or in person in the future.

The Chair introduced the item and the Licensing Manager confirmed that holding the hearings in person or remotely were legal and that in future there may be case law on the matter. She noted that there had never been a Sub Committee Hearing under the Gambling Act 2005 (the 2005 Act) and that prior to the pandemic all hearings had been held in person and the return to in person hearings was now practice for at other councils in the region, including the East Riding of Yorkshire Council. She noted the comments from consultees.

The Licensing Manager detailed the four options available to Members:

Option 1 – Determine that Licensing Act 2003 and Gambling Act 2005 sub-committee hearings will continue to be held remotely. 

Option 2 – Determine that Licensing Act 2003 and Gambling Act 2005 sub-committee hearings will be held in person.  Stipulating an implementation date for when this change will take effect.

Option 3 – Determine that format of Licensing Act 2003 and Gambling Act 2005 sub-committee hearings will be determined on a case-by-case basis depending on the nature of the application and the number of representations.  That the Chair and Vice Chair of this Committee will agree a procedure to aid officers when determining the format of the meeting.  Stipulating an implementation date for when this change will take effect.

Option 4 – Determine that format of Licensing Act 2003 and Gambling Act 2005 sub-committee hearings will be held in a hybrid format, with Members and officers attending in person at West Offices and the applicant and representors being given the option to participate in person or remotely.  Stipulating an implementation date for when this change will take effect.

In response to Member questions, Licensing Manager explained that:

·        Asking the applicant about their preference for a hearing being held in person or remotely could be unfair to representors in not giving them a choice for the format of the hearing.

·        The police preferred remote hearings.

·        The cost associated with in person hearings would be that a room would be needed.

·        Concerning changing the format subject to representor(s) not being able to be online, there were timescales that needed to be adhered to and the council needed to advertise when and where the meeting would be held.

Following debate with a number of suggestions made regarding the format of hearings, Cllr Warters proposed option 2, to determine that Licensing Act 2003 and Gambling Act 2005 sub-committee hearings will be held in person.  Stipulating an implementation date for when this change will take effect. This was seconded by Cllr Hook. Following a vote with six in favour, two against and one abstention it was:

Resolved: That, in accordance with option 2 Licensing Act 2003 and Gambling Act 2005 sub-committee hearings will be held in person.

Cllr Mason then proposed that the return to in person hearings would come into effect from 1 September 2003. This was seconded by Cllr Hook and following a unanimous vote it was.

Resolved: That, in accordance with option 2 Licensing Act 2003 and Gambling Act 2005 sub-committee hearings will be held in person with effect from 1 September 2023.

Reason: To make sure sub-committee hearings are held in

accordance with the requirements of the Licensing Act 2003 and

Gambling Act 2005, and their associated Regulations and Guidance.