Agenda and decisions

Date of hearing

1000hrs – 25 September 2019

Members of  Sub-Committee

Councillor Jonathan Noble

Councillor  Frank Pickett

Councillor  Stephen Woodliffe

Applicant(s) Name

Mrs Nawal Ahmd

Premises Address

European Food, 43 Wide Bargate, Boston

Represented by

Mr Byatt

Date Application Received

5 August 2019

Details of Application

Application for a premises Licence under the Licensing Act 2003.

The Parties:

Mr Byatt, on behalf of the applicant, Mrs Ahmd, has submitted an application for a premises licence for European Foods at 43 Wide Bargate, Boston.

The application submitted is for the sale of alcohol for consumption off the premises between the hours of 0800hrs and 2300 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 is relevant to this application. 

Decision: 

The sub-committee has decided to grant the premises licence subject to such conditions as are consistent with the operating schedule accompanying the application, having modified the conditions to such extent as the authority considers appropriate for the promotion of the licensing objectives.

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 grant 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 herself, and her husband Mr Hatemi, and considered the representation received from the Chief Officer of Lincolnshire Police.  Sgt Enderby attended the hearing to represent the police.

The sub-committee heard from Mr Byatt how the application has been submitted in the name of Mrs Ahmd (the applicant) only, but it was the applicant and her husband’s intention that they would run the premises together, and it was a family business. The applicant and her family live above the premises.

The sub-committee heard that neither the applicant nor her husband had yet completed the personal licence course, but they intended to if the licence were to be granted. It was confirmed to the sub-committee that the applicant had no prior experience of running a licenced premises, but that she had assisted her father in running a supermarket previously. It was stressed  ...  view the full decision text for item 1.