Agenda and decisions

Licensing Sub-Committee - Thursday 24th April 2025 2.00 pm

Venue: Committee Room - Municipal Buildings, West Street, Boston, PE21 8QR. View directions

Contact: Democratic Services  Email: demservices@boston.gov.uk

Items
No. Item

A

Election of Chairman

B

Apologies for Absence

To receive apologies for absence.

C

Declarations of Interest

To receive declarations of interests in respect of any item on the agenda.

1.

Exclusion of the Public and Press

Exclusion of the Public and Press

 

To consider resolving:

 

·         That under Regulation 14 of the Licensing Act 2003 (hearings) Regulations 2005, the public and press be excluded from the hearing for the following item of business on the grounds that the public interest in doing so outweighs the public interest in the hearing or that part of the hearing taking place in public; and

 

·         That under Section 100(A)(iv) of the Local Government Act 1972 the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act (as amended).

2.

Blue Shop, 2 Eastwood Road, Boston.

(A report by Anna McDowell, Senior Licensing Officer.)

Decision:

Boston Borough Council

Licensing Act 2003

Review of a Premises Licence

Decision Notice

 

 

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.

 

 

Signed:

 

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Anna McDowell Senior Licensing Officer  On behalf of the Licensing Sub-Committee

 

Dated 24 April 2025