Agenda and decisions

Date of hearing

1000hrs – 25 October 2019

Members of  Sub-Committee

Councillor Jonathan Noble

Councillor  Tom Ashton

Councillor  Stephen Woodliffe

Applicant(s) Name

Mr Uldis Austrums

Premises Address

Food Stop, 1 Vauxhall Road, Boston

Represented by

Mr Byatt

Date Application Received

2 September 2019

Details of Application

Application for a premises Licence under the Licensing Act 2003.

The Parties:

Mr Byatt has, on behalf of the applicant Mr Austrums, submitted an application for a premises licence for Food Stop, 1 Vauxhall Road, Boston.

The application submitted is for the sale of alcohol for consumption off the premises between the hours of 0800hrs and 2200 hours every day. The opening hours being the same.

Representation has been received from the Chief Officer of Police.

Policy and Guidance:

In reaching its decision, the sub-committee has considered the statutory guidance issued under S182 of the Licensing Act 2003 and Boston Borough Council’s Statement of Licensing Policy.

Licensing Objectives:

The sub-committee has found that the licensing objective of the prevention of crime and disorder public safety, the prevention of public nuisance and the protection of children from harm is relevant to this application. 

Decision: 

The sub-committee has decided to reject the application.

Reasons:  

The reasons for the sub-committee reaching this decision are as follows:

The sub-committee has read and heard all of the information before them.

The sub-committee is aware of and has taken into account any implications that may arise from the Human Rights Act 1998.

The sub-committee in reaching its decision has had due regard for its public sector equality duty under section 149 of the Equality Act 2010 and consider that in reaching their decision to reject the premises licence that they have fulfilled their duty under the Act.

In reaching their decision, the sub-committee has read all of the papers before them, and in addition heard from Fiona White, Licensing & Land Charges Manager and Mr Byatt on behalf of the applicant, the applicant himself and Mr Ahmadi (who appeared as a witness for the applicant), and considered the representation received from the Chief Officer of Lincolnshire Police.  Sgt Enderby and PC McConville attended the hearing to represent the police.

At the start of the hearing, Lincolnshire Police made a request to the Sub-Committee to exclude the public and press (including the applicant, his witness and his agent) from the hearing under regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 on the basis that they had additional information to supplement their representation that was sensitive and confidential. The Police made the argument that the public interest in excluding the applicant and his representatives from a portion of the hearing outweighed that applicant’s right to hear the information and to reply to it.

Mr Byatt argued on behalf of his client, that the applicant was entitled to hear the full argument against their application, and to reply.

The Sub-Committee retired to consider the Lincolnshire Police’s request, and after  ...  view the full decision text for item 1.