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
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 items 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.
·
That under Section 100(A)(iv) of the Local Government Act 1972 the
public and press be excluded from the meeting for the following
items of business on the grounds that they involve the likely
disclosure of exempt information as defined in Paragraph 1 of Part
1 of Schedule 12A of the Act (as amended).
|
2. |
Application for the Grant of a Premises Licence: Shawarma House, 1 Fish Hill, Market Place, Boston
(A report by Anna McDowell, Senior Licensing
Officer)
Additional documents:
Decision:
Boston Borough Council
Licensing Act 2003
Review of a Premises Licence
Decision Notice
|
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.
|
Signed:
Licensing Sub-Committee
|
PDF 157 KB