THE PORKY PINT LTD v STOCKTON ON TEES BOROUGH COUNCIL

In determining the venue for an administrative appeal, the court must assess the case’s overall geographical connection and the appropriateness of the proposed Administrative Court venue. Local connections arising from the underlying decision, the parties, witnesses and earlier proceedings may outweigh solicitors’ travel costs and the additional expense faced by one party. Cost remains relevant, including the cost to a public respondent, but it is not decisive. The court may also consider the parties’ choice of lawyers and the practical suitability of the regional venue.

This was a paper determination concerning the venue of an appeal by case stated. A minded to transfer order directed transfer to Leeds. The appellant, a licensed premises in Billingham, objected on the grounds that Leeds was inconvenient and would impose substantial additional travel costs on its privately funded lawyers. The respondent supported transfer, relying in part on the relevance of public expenditure.

The underlying licensing decision had been made by the respondent’s licensing committee and unsuccessfully appealed to the Teesside Magistrates’ Court. The issue was whether the appeal should be dealt with at Leeds, the Administrative Court venue identified for the North-East Region.

1. The appellant’s objections to the transfer were rejected. The appeal could properly be dealt with from Leeds, and Leeds was the appropriate venue.

2. The decisive consideration was the case’s closest geographical connection. The North-East Region was where the licensing committee and magistrates’ court proceedings had taken place, where the appellant and its proprietor were based, and where the respondent was based.

3. The appellant’s solicitors’ convenience and the additional travel costs of its lawyers were relevant but were decisively outweighed by the overall picture. Travel considerations were not one-way, and the respondent was also entitled to take account of costs to the public purse.

4. The appellant had chosen its lawyers knowing the region to which the case was most closely connected. That consideration supported the appropriateness of the appeal being dealt with and heard in the North-East.

5. Regional connection and orientation do not disappear when a case moves from the licensing committee and magistrates’ court to the High Court. Leeds had a real connection as the identified Administrative Court venue for the region. The judge nevertheless indicated that, as Liaison Judge, he would investigate whether a hearing might take place on Teesside.

• Licensing committee: The respondent’s licensing committee made the licensing decision concerning the appellant’s premises.
• Teesside Magistrates’ Court: The appellant’s appeal was heard over three days and was unsuccessful.
• High Court (Administrative Court): The appeal by case stated was directed to be transferred to Leeds. The appellant’s objections to the minded to transfer order were rejected.