Agenda and decisions

Date of hearing

16 March 2020

Members of  Sub-Committee

Councillor Jonathan Noble

Councillor Tom Ashton

Councillor  Judith Skinner

Applicant(s) Name

Mr M I Qutab

Premises Address

 The Great Northern, 23 Station Street, Boston

Date Application Received

10 February 2020

Details of Application

Application for variation of a Premises Licence to specify an individual as the Designated Premises Supervisor under the Licensing Act 2003.

The Parties:

Mr Qutab, has applied for variation of the Licence to specify himself as the Designated Premises Supervisor at The Great Northern, 23 Station Street, Boston.

The Chief Officer of Police has given notice that he is satisfied that the exceptional circumstances of the case is such that granting the variation of Designated Premises Supervisor would undermine the  prevention of crime and disorder licensing objective.

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 refuse 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 heard from the Licensing & Land Charges Manager, Sgt Enderby on behalf of Lincolnshire Police, and Mr Qutab.

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 they have fulfilled their duty under the Equality Act 2010.

At the start of the hearing Mr Qutab produced additional documents in support of his case.  Lincolnshire Police agreed for the documents to be put before the members of the sub-committee.  The sub-committee considered, and also had regard for the additional documents in reaching their decision.

Mr Qutab explained to the sub-committee how he has experienced some health issues of late, and provided a letter from his doctor to evidence this. 

Mr Qutab detailed to the sub-committee that he has run a number of licensed premises, and how he cooperates with the police.  He explained to the sub-committee that he had undertaken some training in cellar management but his health has prevented him from pursuing more training but he considered that he had gained experience and knowledge over the years. 

When questioned Mr Qutab confirmed he had not brought any evidence of staff training or refusal logs with him.  He confirmed that the drug policy for the premises was the poster he had supplied at the start of the hearing.  Mr Qutab provided a brief explanation of the refusals policy operated at the premises.

In confirming what  ...  view the full decision text for item 1.