Issue - meetings

Date of hearing

13 November 2025 — 10.00 hours

Members of Sub-Committee

Councillor R Austin

Councillor S Evans

Councillor L Savickiene

Premises Licence Applicant

Shawarma House Ltd

Premises Address

1 Fish Hill, Boston

Details of Application

Application for the grant of a Premises Licence

The Parties:

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

At the hearing the Sub-Committee heard from Anna McDowell (Senior Licensing Officer), Mr Hikmet Maez (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 issued 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.

Decision and Reasons:

The Sub-Committee heard from Lincolnshire police that at some point since the applicant began operating the business the trading hours had gone beyond 23:00 serving hot food and in that respect had been operating without a premises licence which would fall as an offence under s136 Licensing Act as conducting an unauthorised licensing activity. ……..

The applicant informed the Sub-Committee that the issues with having considered all the information before them the Sub-Committee have decided it is appropriate for the promotion of the licensing objectives to reject the application. The Sub-Committee considered whether there were any conditions which they could include on the licence which would address the concerns but were of the view there were not. To exclude a licensable activity would be the same as rejecting the application as there is only I licensable activity applied.

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.