Licensing Committee

17 March 2022

 

Licensing Act 2003 Sub-Committee Hearings - Webcasting

 

Final Decision-Maker

Licensing Committee

Lead Head of Service

Angela Woodhouse, Head of Policy, Communications and Governance

Lead Officer and Report Author

Ryan O’Connell, Democratic and Electoral Services Manager

 

Oliviya Parfitt, Democratic Services Officer

Classification

Public

 

Wards affected

All

 

Executive Summary

 

To provide the information required for the Committee’s consideration of whether to webcast Licensing Act 2003 Sub-Committee Meetings.

 

Purpose of Report

 

Decision

 

 

This report makes the following recommendations to this Committee:

1.   That all Licensing Act 2003 Sub-Committee Hearings, where open to the public, be webcast.

 

 

Timetable

Meeting

Date

Licensing Committee

17 March 2022



Licensing Act 2003 Sub-Committee Hearings - Webcasting

 

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

The four Strategic Plan objectives are:

 

·         Embracing Growth and Enabling Infrastructure

·         Safe, Clean and Green

·         Homes and Communities

·         A Thriving Place

 

We do not expect the recommendations will by themselves materially affect achievement of corporate priorities.  However, they will support the Council’s overall achievement of public engagement.

 

Head of Policy, Communications and Governance

Cross Cutting Objectives

The four cross-cutting objectives are:

 

·         Heritage is Respected

·         Health Inequalities are Addressed and Reduced

·         Deprivation and Social Mobility is Improved

·         Biodiversity and Environmental Sustainability is respected

 

We do not expect the recommendation will materially affect achievement of cross-cutting objectives.  However, they will support the Council’s overall achievement of public engagement.

 

Head of Policy, Communications and Governance

Risk Management

See Section 5 of the report.

 

Head of Policy, Communications and Governance

Financial

No impact identified.

Senior Finance Manager, Finance Team

Staffing

We will deliver the recommendations with our current staffing.

Head of Policy, Communications and Governance

Legal

Acting on the recommendations is within the Council’s powers as set out in the Licensing Act 2003 (Hearings) Regulations 2005. There are no direct consequences arising from the recommendation that would adversely affect an individual’s rights and freedoms as set out in the Human Rights Act 1998.

 

Interim Team Leader (Contentious and Corporate Governance)

Privacy and Data Protection

No impact identified.

Policy and Information Team

Equalities

No impact identified.

Equalities & Communities Officer

Public Health

 

 

No impact identified.

 

Public Health Officer

Crime and Disorder

No impact identified.

Head of Policy, Communications and Governance

Procurement

No impact identified.

Head of Policy, Communications and Governance

Biodiversity and Climate Change

Continuing online meetings would reduce transport and indirect carbon produced from transport used to attend meeting.

 

Biodiversity and Climate Change Manger

 

 

2.      INTRODUCTION AND BACKGROUND

 

2.1     During the Covid-19 pandemic, where virtual meetings were permitted, all Council, Committee and Sub-Committee meetings (that were open to the public) were webcast live and recorded for playback. This included meetings of the Licensing Act 2003 Sub-Committee (the Sub-Committee).

 

2.2     Webcasting the Sub-Committee’s meetings during that time increased the level of public engagement with the process. Whilst only parties relevant to the matter being considered by the Sub-Committee can formally engage with the meeting, these are still open to the public should they wish to attend in person to watch the proceedings.

 

2.3     Following the return to in-person meetings after May 2022, an operational decision was made, in consultation with the Chairman of the Licensing Committee, to continue with the pre-pandemic arrangement of in-person attendance only at Sub-Committee meetings. It is important to note that whilst beneficial, webcasting meetings of the Council is not a legal requirement. There are also times where, inevitably, technical problems arise that prevent a meeting from being webcast fully.

 

2.4     The decision outlined above was considered against the nature of Sub-Committee hearings, whereby the issue considered is specific in nature, with only those members of the public required for the Hearing permitted to take part. There had not previously been the demand for these meetings to be webcast.

 

2.5     However, several queries have been received since May 2022 as to why the Sub-Committee’s meetings have not been webcast, particularly when the issue being considered is of local public interest.  

 

2.6     Webcasting the Sub-Committee meetings would provide the flexibility for individuals to view the proceedings live or retrospectively. This also provides an alternative option for those unable to attend meeting’s during the working day and for those who feel unable to attend in person, which is particularly significant following the Covid-19 pandemic.

 

3.   AVAILABLE OPTIONS

 

3.1     Option 1 – Agree that Licensing Act 2003 Sub-Committee Meetings be webcast live, where open to the public. This is the preferred option as it will increase transparency and allow more individuals to watch the proceedings and decisions made. It could limit the number of individuals in attendance should there be a resurgence of Covid-19 or increase in flu, for example.  

 

3.2     Option 2 – Do Nothing. Members of the public would still be able to attend and watch the proceedings in-person.

 

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1     See point 3.1 above.  

 

 

5.       RISK

5.1The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework. The main risk would concern the total or partial failure of the webcasting equipment however this is a consideration for all meetings webcast. 

 

 

 

 

 

6.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

 

6.1     There has not been any consultation prior to the Committee’s consideration of the report. However, there have been several public enquiries into the webcasting of Licensing Act 2003 Sub-Committee Meetings.  

 

 

 

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

7.1     If agreed, future Licensing Act 2003 Sub-Committee Meetings will be webcast live and recorded for playback, where open to the public (Part I).

 

 

 

8.        REPORT APPENDICES

 

·         Appendix 1: Additional facilities provided across other Kent Authorities.

 

 

9.        BACKGROUND PAPERS

 

None.