Agenda and decisions

Date of hearing

1000hrs – 25 November 2019

Members of  Sub-Committee

Councillor Jonathan Noble

Councillor  Frank Pickett

Councillor  Stephen Woodliffe

Applicant(s) Name

Mr Atnum Sadi

Premises Address

Ann’s Euro Market, 56a Fishtoft Road, Boston

Represented by

Mr Byatt

Date Application Received

8 October 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 Sadi, submitted an application for a premises licence for Ann’s Euro Market, 56a Fishtoft Road, 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 objectives of the prevention of crime and disorder and public safety are relevant to this application. 

Decision: 

The sub-committee has decided to refuse the application for a premises licence.

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 application 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, Lincolnshire Police, Mr Byatt on behalf of the applicant and the applicant himself. The sub-committee has considered the representation received from the Chief Officer of Lincolnshire Police.  Sgt Enderby and PC McConville attended the hearing to represent the police.

It was confirmed to the members of the sub-committee that the applicant has owned the lease for the premises since 2017, and has run a fish and chip shop from part of the premises for 2.5 years. 

The sub-committee is aware from the papers that a planning application had been submitted in the name of Mr Abdulla, and planning permission granted in February 2019 for the proposed premises the subject of this application.

Mr Byatt confirmed how it was the applicant’s original intention to allow his friend (Mr Abdulla) to take on the premises, whilst he (the applicant) continued to run the fish and chip shop.  Initial enquiries with the police led to the applicant subsequently submitting the application himself, with the intention that he would also run the premises (if a licence were granted) and the fish and  ...  view the full decision text for item 1.