Pub landlord loses appeal against licensing ban for opening during Covid lockdown

Billingham’s Porky Pint served customers in lockdown last January as part of Great Reopening protests.

It also served visitors during tier restrictions in November 2020.

Owner Paul Henderson vied to overturn a Stockton Council decision to revoke his alcohol licence in the wake of the breaches at Teesside Magistrates’ Court this week.

But District Judge Steven Hood has now dismissed his appeal.

The Mill Lane bar had announced its intention to open up two days before a January 30 gathering – where council officials and police spotted customers having drinks inside.

A licensing hearing last year was told how Mr Henderson had deliberately broken the law out of his own personal beliefs.

Stockton Council’s licensing sub committee was unimpressed – finding he’d committed “extremely serious” breaches given the thousands of lives lost in the pandemic.

Three council officials and a police officer were cross-examined on Tuesday about covid regulations – and why they hadn’t prosecuted Mr Henderson for a fixed penalty notice he hadn’t paid.

The court heard officials didn’t feel it was in the public interest to chase up the fine given the licensing proceedings already underway.

Mr Henderson was then questioned in the afternoon – arguing he was “making a statement by opening up”.

After denying breaking covid regulations in January last year, barrister James Kemp asked him: “Then why on earth did your counsel on your behalf at the review hearing say that you did?”

The court heard how a wedding event was hosted at the Porky Pint in late 2020 with around 30 people in attendance during tier two restrictions.

A visit in November 2020 also saw a licensing officer offered a pint indoors with others drinking in the pub.

Mr Hood found Mr Henderson’s evidence “more difficult to accept” in his verdict – and didn’t agree with the pub’s arguments about staff being scared to hand over CCTV footage on request.

Summing up, the District Judge said he could only overturn the council’s decision if he was satisfied it was wrong – and he wasn’t.

Mr Hood told the court Mr Henderson was well respected in Billingham – and didn’t disagree with him being described as a “conscientious objector” to Covid rules.

However, he did not believe Mr Henderson and the pub had followed the licensing objective on public safety – telling the court how questions about the transmissibility of the virus did fall into this.

The Porky Pint was also ordered to pay court costs of £6,275 in the next 28 days on the back of the failed appeal.

Barrister Paul Oakley, for the Porky Pint, told the court they intended to appeal the decision through the High Court.

After the hearing, Mr Henderson told the Local Democracy Reporting Service he was very disappointed with the decision.

However, he was bullish about their appeal chances – claiming it could be a “precedent case” for other “unfairly treated businesses”.

Mr Henderson added: “As long as we’re appealing we’re able to remain open as we have done since our July revocation – and that’s our intention.”

He also praised the support they’d received from the public.

“It’s been a really important centre for people to come together – we will continue in that vein as we continue to expand the business,” added Mr Henderson.