Agenda item

Date of hearing

4 September 2019

Members of  Sub-Committee

Councillor J Noble

Councillor F Pickett

Councillor S Woodliffe

Applicant(s) Name

Mr Burak Erdogan

Premises Address

The Assembly Rooms, Market Place, Boston

Date TENs Received

19 August 2019

Details of Application

Temporary Event Notice – 28 September 2019 2100hrs until 0500hrs the following day.

The Parties:

The premises user Mr Erdogan has submitted a Temporary Event Notice for 28 September 2019 from 2100hrs until 0500hrs the following day for the sale of alcohol for consumption on the premises and for regulated entertainment at The Assembly Rooms, Market Place, Boston.

Objection notices have been received from the Chief Officer of Police and Environmental Health.

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 objectives of crime and disorder public nuisance, public safety and protection of children harm are relevant to this application. 

Decision: 

The sub-committee has decided to improve conditions on the Temporary Event Notice from the existing premises licence save condition E4 which is not relevant to this event.

Reasons:  The reasons for the Sub-Committee reaching this decision in relation to the Temporary Event Notice  are as follows: 

The sub-committee has read and heard all of the information before them.

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 that they have fulfilled their duty under the Act.

The sub-committee has noted the applicant has agreed that conditions contained on the existing premises licence can be imposed upon the Temporary Event Notice. The sub-committee note Mr Erdogan did not produce a risk assessment or a fire assessment to the sub-committee. However, the sub-committee have heard from Mr Erdogan that he has engaged the services from door supervisors from the company he currently uses. The sub-committee has also heard from Mr Erdogan that the CCTV is working and accessible to him to use. The licensing officer has also confirmed the CCTV is working. The sub-committee has heard from Mr Erdogan that he has appropriate fire extinguishers to use at the premises during the event. Mr Erdogan informed the sub-committee that he is first aid trained. In addition he has experience of using incident books at his current premises. In relation to Challenge 25 Mr Erdogan advised the sub-committee that to enter the event all persons will be required to produce ID and failure to do so will result in entry refusal. The sub-committee noted the comments from Environmental Health that Mr Erdogan would not be able to demonstrate compliance with the public nuisance condition before the event and they were content with the inclusion on the licence.  With this in mind the sub-committee has decided to impose the conditions of the existing licence (save for E4) on the Temporary Event Notice and issue the notice (conditions on the Temporary Event Notice) and statement of conditions.

The sub-committee reminds Mr Erdogan of the need and importance to comply with the conditions and to undertake the necessary risk assessment and fire assessments prior to the event taking place.