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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.
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