Agenda item

Date of hearing

1000hrs – 1 October 2019

Members of  Sub-Committee

Councillor Jonathan Noble

Councillor  Frank Pickett

Councillor  Stephen Woodliffe

Applicant(s) Name

Mrs Zahra Cagdas

Premises Address

Tates, 4-6 New Street, Boston

Represented by

Mr D Dadds

Date Application Received

27 June 2019

Details of Application

Application for a premises Licence under the Licensing Act 2003.

The Parties:

Mrs Cagdas has submitted an application for a premises licence for Tates, 4-6 New Street, Boston.

The application submitted was for the sale of alcohol for consumption on and off the premises between the hours of 1100hrs and 2300 hours every day. The opening hours being the same.

Representation has been received from the Chief Officer of Police.

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 all of the licensing objectives are relevant to this application. 

Decision: 

The sub-committee has decided to grant the premises licence subject to such conditions as are consistent with the operating schedule accompanying the application, having modified the conditions to such extent as the authority considers appropriate for the promotion of the licensing objectives.

Reasons:  

Mrs White addressed the Sub-Committee to confirm that the applicant had requested a delay in holding the hearing as she had been out of the country. It was agreed by all parties that only the applicant was prejudiced by the delay, and so all parties had agreed to the delay. This is why the hearing was being held outside of the 20 day period.

The reasons for the sub-committee reaching this decision are as follows:

The sub-committee has read all of the information before them, and heard from Mrs White (Licensing and Land Charges Manager), Sergeant Enderby on behalf of Lincolnshire Police, Mr Dadds (on behalf of the applicant), and Mrs Cagdas (the applicant).

The Sub-Committee heard that prior to the hearing, how there had been a considerable amount of dialogue between the applicant, her representative and Lincolnshire Police.

The Sub-Committee had previously been presented with a set of proposed conditions, and were then advised during the hearing that all parties had agreed the conditions and some amendments to the application and were quite content with the application now.

Mr Dadds addressed the Sub-Committee to confirm the agreed conditions and the amendments that were to be made to the application.

He confirmed on behalf of the applicant, that there had been a considerable amount of engagement with the police, and the parties had agreed a way forward. He explained that it was his opinion that had there been some pre-application discussions between the parties, that he did not believe that there would have been a need to hold a hearing, but as it was the Licensing Authority’s discretion had been triggered and a hearing held.

When called upon, Lincolnshire Police confirmed their agreement with everything that Mr Dadds had said. They clarified that they are also happy with the proposed conditions and amendments, and felt that the proposed agreed conditions met the same aims of promoting the licensing objectives as the wording they had proposed in their representation.  

It was confirmed by Mr Dadds that the applicant wanted to alter their application as follows:

Section J

-       On-sales only

-       Supply of alcohol hours- 11:00 to 22:30 Monday- Sunday

Section L

-       Hours premises are open to the public- 11:00 to 23:00 Monday- Sunday

Section M

-       Replace entirely with the agreed proposed conditions with the exception of proposed conditions 2 and 11 (attached)

In reaching their decision the Sub-Committee had due regard for all that they have read and heard, the Licensing objectives and the s182 Guidance. The Sub-Committee were also very mindful of the agreement now evident between the parties. The Sub-Committee were also very pleased to hear from the applicant herself how she has a business degree from Lincoln University, and how she is solely running the business.

Taking all of the above into consideration, the Sub-Committee decided that it was reasonable and proportionate, and would promote the licensing objectives, to grant the premises licence set out above in this decision notice. 

Appeal Provisions

The sub-committee would like to remind the parties that there is a right of appeal to the Magistrates’ Court under Section 181 of the Licensing Act 2003.  The circumstances in which parties may appeal are detailed in Schedule 5 to the Licensing Act 2003.

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 party was notified by the Licensing Authority of the decision being appealed against (i.e. the date of this decision notice).

Appeal should be made to Lincoln Magistrates’ court at 358 High St, Lincoln, LN5 7QA

Upon hearing an appeal the Magistrates’ Court may:

a)    Dismiss the appeal,

b)    Substitute for the decision appealed against any other decision which could have been made by the Licensing Authority, or

c)    Remit the case to the Licensing Authority to dispose of it in accordance with the direction of the court,

And make such order as to costs it thinks fit.