The Porky Pint Ltd v Stockton on Tees Borough Council [2023] EWHC 128 (Admin) – Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 - ss 4(2) and 53A(4) LA 2003 – s 6 HRA - Article 6 ECHR - A1P1 - s 81 RIPA.
1) “public health” was not a licensing objective in its own right, but aspects of “public health” could fall within the objective of “public safety” and “prevention of crime and disorder”.
2) re alleged breaches of the regulations, licensing appeal court should address whether licensee, if prosecuted, would have a defence.
- licensee’s defence could include that restrictions of subordinate legislation unlawfully imposed under primary legislation.
- but, coronavirus regulations did not constitute a deprivation of pub’s A1P1 possessions.
- the regulations had not “extinguished all the legal rights” of the owner of the pub, or deprived the owner of “all meaningful use” of its property.
3) definition of “serious crime” in s 81 RIPA should be employed in interpreting same phrase when used in license condition.
- but, on facts, licence condition required pub to provide CCTV footage even where not related to “serious” crime.
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