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The
Parties:
The Sub-Committee heard from
the applicant (Mrs Dos Santos Pereira), the applicant’s agent
(Mrs Gilliead), Lincolnshire Police, and the Council’s
Licensing Officer.
Policy and Guidance:
In reaching its decision the
Sub-Committee has had due regard for all that they have read and
heard (including the additional papers and information, submitted
at the hearing with the agreement of all parties), and has
considered the statutory guidance issued under section 182 of
Licensing Act 2003, along with the Council’s Statement of
Licensing Policy.
Licensing Objectives:
The Sub-Committee has
found that the following licensing objectives are relevant to the
application:
·
Prevention of crime and disorder
·
Prevention of public nuisance
·
Public Safety
·
Protection of children from harm
Decision and Reasons:
The Sub-Committee has read and
heard all of the information before them.
In reaching its decision, the
Sub Committee is aware of and has taken into account any
implications that may arise from the Human Rights Act 1998, and has
considered its public sector equality duty under s149 of the
Equality Act 2010. The Sub-Committee
considers that in reaching their decision, that they have had due
regard for the duty placed upon them by s149.
The Sub-Committee heard details
from the applicant’s agent about the training that has been
undertaken by the applicant, it was noted that the training
workbook had been translated into Portuguese to assist. The Sub-Committee were informed that the premises
was not considered a problem premises, and that the applicant
(following the training) has a full comprehension of the
responsibilities of running a licence premises. The Sub-Committee heard that steps had been taken
to cover the issues that were encountered on the premises in 2020,
and how negotiations had been had with the police since the
application was submitted.
The Sub-Committee heard from
Lincolnshire Police that their main concern was having confidence
that the applicant would promote the licensing
objectives. The police agreed that the
premises has not been considered a problem, but issues were
encountered last year. Lincolnshire
Police acknowledged that they had expected training to be given
following the review hearing in July 2020, and explained how in
their opinion training and conditions are only good tools if used
correctly. It was stressed to the
Sub-Committee, that it will be the applicant in charge of the
premises, and not her agent, and the applicant was now applying to
be DPS and PLH. Lincolnshire Police
explained that they did not consider it was lack of knowledge or
issues regarding training or language that led to the review
hearing. At the time of the review
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view the full decision text for item 1.
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