Agenda and decisions

Licensing Sub-Committee - Tuesday, 11th June, 2024 10.00 am

Public access to this meeting is available via between the hours of 6.15pm – 6.30pm via the main door of the Municipal Buildings on West Street, Boston

Venue: Committee Room - Municipal Buildings, West Street, Boston, PE21 8QR. View directions

Contact: Democratic Services  Email: demservices@boston.gov.uk

Items
No. Item

A

Apologies for Absence

To receive apologies for absence.

B

Declarations of Interest

To receive declarations of interests in respect of any item on the agenda.

1.

A Taste of Portugal, 2 James Street, Boston pdf icon PDF 171 KB

(A report by Anna McDowell, Senior Licensing Officer)

Additional documents:

Decision:

Boston Borough Council

Licensing Act 2003

Temporary Event Notice

Decision Notice

 

 

Date of hearing

 

 

11 June 2024

 

 

Members of 

Sub-Committee

Councillor Paul Gleeson (Chair)

Councillor Stuart Evans

Councillor Suzanne Welberry

 

 

Applicant(s) Name

 

 

Mr Antonio Lima

 

Premises Address

 

A Taste of Portugal, 2 James Street, Boston

 

 

Date Application Received

 

 

29 May 2024

 

Details of Application

 

Temporary Event Notice –from 12.00 hours on 29 June 2024 until 02.00 hours on 30 June 2024.

 

 

 

 

The Sub-Committee have read all of the information before them. They have heard from Mr Lima the applicant, Environmental Health and Lincolnshire Police.

 

The Sub-Committee have heard the outside area to be used is next to the premises and the owner of that land has consented. The applicant advised that music would be inside, and security staff would be used outside. The Sub-Committee have noted that no details were provided of the outside

area. They noted the area was in the PSPO area, and whilst a separate regime, noted that the planning condition prevented the premises operating after 11pm.

 

The Police advised that they had serious concerns regarding the control of persons outside and whilst the applicant had advised they would have security staff, this could not be conditioned on the Temporary Event Notice. Environmental Health had advised they could only judge the application as

it stood which did not specify where the music was taking place, again this could not be conditioned on the Temporary Event Notice.

 

Having considered their Licensing Policy, equality duty and human rights act and everything put before them, the Sub-Committee have decided that the notice does not promote the licensing objectives and it is therefore appropriate and reasonable to refuse the Temporary Event Notice and the authority will serve a counter notice in that respect.

 

The Licensing Act 2003 Schedule 5 Part 3 paragraph 16 makes provision for you to appeal against this decision to the Magistrates Court.

 

The appeal must be commenced by notice of appeal to the Justice’s Chief Executive for the Magistrates Court within the period of 21 days beginning with day on which the Premises User/Responsible Authority were notified by the Licensing Authority of the decision being appealed against (i.e., the date of this decision notice). No appeal may be brought later than 5 working days before the day on which the event period specified in the TEN begins.

 

 

 

 

Signed: 

 

Anna McDowell

Licensing Officer

On behalf of the Licensing Sub-Committee

Date: 11 June 2024