Issue - meetings

Date of hearing

24 April 2025

Members of Sub-Committee

Cllr Baxter

Cllr Marson

Cllr R Austin

Premises Licence Applicant

Mr Ali Dogan Donat

Premises Address

2 Eastwood Road, Boston 

Date Application Received

13 March 2025

Details of Application

Application for the variation of a DPS  

The Parties:

The Licensing Sub-Committee convened to consider an application for a premises licence where relevant representatives have been received.

At the hearing the Sub-Committee heard from Anna McDowell (Senior Licensing Officer), Mr Donat (the applicant), and Lincolnshire Police.

Policy and Guidance:

In reaching its decision the Sub-Committee has had due regard for all that they have read, heard, and seen, and has considered the statutory guidance issue under Section 182 of the Licensing Act 2003, along with the Council’s Statement of Licensing Policy, and their public sector duty under the Equality Act 2010.

Decisions and Reasons:

………………………………………………………………………………………..

Having considered all of the information the sub-committee consider that Mr Donat did not disclose the conviction and the obligation was on Mr Donat to inform the court and they council. They are satisfied that to grant the application would undermine the crime and disorder licensing objective and therefore consider is it appropriate to reject the application.

Appeal:

There is a right of appeal to the Magistrates’ Court under Section 181 of the Licensing Act 2003. The appeal must be commenced by notice of appeal to the Justices’ Chief Executive for the Magistrates Court within the period of 21 days beginning with the day on which the appellant was notified by the Licensing Authority of the decision being appealed against. Any appeal should be sent to: 

Lincoln Magistrates Court, 358 High St, Lincoln LN5 7QA

Upon hearing an appeal the Magistrates’ Court may

a)    Dismiss the appeal,

b)    Substitute for the decision appealed against any other decision which could have been made by the Licensing Authority, or

c)    Remit the case to the Licensing Authority to dispose of it in accordance with the direction of the court, 

And make such order as to costs it thinks fit.