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The parties:
The Licensing Sub-Committee convened to consider an
application for application for the grant of a premises licence at
3-4 Market Place, Boston.
At the hearing the Sub-Committee heard from Miss
McDowell (Senior Licensing Officer), Mr Sutherland (Solicitor for
applicant) Mr Studd (supporting applicant). Mr Arulananthapillai (applicant, Sergeant Adams
(Lincolnshire Police), and Peter Hunn (Community Safety
Manager).
At the hearing the applicant amended their
application, and it is this that the Sub-Committee
determined.
Policy and Guidance:
In reaching its decision the Sub-Committee has had
due regard for all that they have read, heard, and seen, and has
considered the statutory guidance issued under Section 182 of the
Licensing Act 2003, along with the Council’s Statement of
Licensing Policy, and their public sector duty under the Equality
Act 2010.
Decision and Reasons:
The Sub-Committee heard details of the
applicant’s experience of running and managing licensed
premises in other parts of the country. The applicant reassured the
Sub-Committee that he was aware of the PSPO and had sought to
address the concerns of Lincolnshire Police by amending the
application, and indeed volunteered further amendments during the
course of the hearing. Lincolnshire Police and Mr Hunn detailed
their concerns of the impact a licensed premises could have on the
incredible work done so far in tackling St drinking in the
PSPO.
The Sub-Committee noted the Council’s updated
licensing policy, and the provisions contained therein that now
relate to the PSPO.
Taking everything into consideration, the
Sub-Committee consider it is reasonable and proportionate to the
promotion and safeguarding of the licensing objectives and the PSPO
to grant the premises licence but according to the following
amended conditions.
The Sub-Committee seek to amend the hours of opening
and the hours for the sale of alcohol to the following: 08:00 hours
until 22.00 hours Monday to Sunday. The Sub-Committee were
concerned that other licensed premises that are convenience stores
cease selling alcohol at 10:00 PM, and so considered that it is
reasonable and proportionate to the licensing objectives to align
this licence with existing similar premises. In line with the
council's Licensing Policy, they also amended the opening hours to
match accordingly.
Additionally, the Sub-Committee agree to the amended
conditions as suggested in section M of the application form and
the supplementary agenda but where the council has corresponding
model conditions, these are the ones the Sub-Committee wishes to be
used on the premises licence. Therefore, particularly conditions
6,7, 8, and part M are to be amended and the incident record
condition, for example.
Sub-Committee were heartened with the conditions put
forward by the Applicant particularly the condition proposed about
having two members of staff always working, and the updated
condition ...
view the full decision text for item 1.
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