Blog: 21 April 2023 - Helen McGrath, Head of Public Affairs

In a week where Voter ID requirements are causing concern with fears that vulnerable people might not be able to exercise their right to vote and Lord Evans, Chair of the Standards In Public Life Committee stressing a need for greater proactive attention to standards to protect the integrity of government; it was perhaps the decision of District Judge Abdel Sayed, sitting at Bromley Magistrates’ Court in respect of the lawfulness of remote licensing hearings which lit up the sector the most.  

Matt Lewin of Cornerstone Barristers, who acted for the council, reported that the District Judge found that remote hearings are permitted under the relevant legislation and that, in principle, a "place" for the purposes of the Hearings Regulations 2005 can include a "virtual platform" and "attendance" at such a hearing can include "electronic attendance" on the basis that it relates to ‘procedure’ and is therefore in an authority’s own gift.

This was despite the argument that because the Welsh Senedd had legislated for remote hearings specifically, such legislation was needed. That’s interesting because in R (Hertfordshire County Council) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin), the fact that different jurisdictions had produced specific legislation for local authority remote meetings was one (albeit very small element) against interpretating the 1972 Act as to enable remote provision. Whilst not binding, the decision is persuasive and may now embolden more local authorities to take a remote approach to licensing.   

So, we are currently in a position where authorities in England have the statutory ability to hold Education Appeal Panels remotely and persuasive ability to hold Licensing hearings remotely. Despite the best efforts of numerous stakeholders and LLG, there is no sign of an amendment to the Levelling-Up Bill providing for remote provision in respect of all meetings or indeed specifically planning, which is how it started out.  

I pondered last year whether we might witness a fragmented approach to remote provision taking years to finally get local authorities the ability to determine how they conduct their own meetings. A response to the Call for Evidence would be a good first step, on which note, LLG and ADSO have formally requested a review to the governments refusal to disclose information under the Freedom of Information Act on the basis that the public interest outweighs any ‘vexatious burden’.  

I am put in mind of Aesop’s ‘tortoise and the hare’ here, which is something our newish President, Rachel McKoy alluded to in an entirely different context when I interviewed her last week. Rachel will be running the London Marathon this Sunday and LLG wish her all the very best with such a remarkable endeavour.  

Best wishes 

Helen McGrath 

Head of Public Affairs