Agenda item

DECISIONNOTICE FOR BEIRA ALTA DELI  18 WEST STREET  BOSTON

Boston Borough Council 
Licensing Act 2003 

Review of a Premises Licence 
Decision Notice 

The Parties:  

Lincolnshire Police requested a review of the Premises Licence for Beira Alta  Deli, 18West Street, Boston on the 3 June 2020.  No representations in 
respect of the review were received.   The Licence holder is Mrs P I Dos 
Santos Pereira. 

The sub-committee has heard from the Licensing & Land Charges Manager,  Sgt Enderby and PC McConville from Lincolnshire Police and Mrs Pereira. 

Policy and Guidance: 

In reaching its decision the Sub-Committee has had due regard forall that 
they have read and heard and has considered the statutory guidance issued  under section 182 of Licensing Act 2003 and Boston Borough Council’s 
Statement of Licensing Policy.  

Licensing Objectives:   

The Sub-Committee has found that the licensing objectives prevention of 

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

Decision and Reasons:  

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 considered its public sector  equality duty under section 149 of the Equality Act 2010 and consider that in  reaching their decision today, that they have had due regard forthe duty 

placed upon them by s.149. 

The Sub-Committee heard from Sergeant Enderby and PC McConville on  behalf of Lincolnshire Police, and Mrs Pereira the premises licence holder.  

The Sub-Committee heard from the police outlining the evidence presented in  thereviewapplication, whichincluded detailsabout thepremisesserving  alcohol forconsumptionon thepremisesat atime whenregulations  prevented it during the COVID-19 pandemic. The Sub-Committee also heard  that peoplewereallowedto congregatein anareaimmediatelyoutside the  premises doorway with no social distancing measures in place. In addition the  police advised the Sub-Committee that there were 4 conditions on the licence  and of those 4 conditions 2 had been breached by the licence holder.  

Mrs Pereiraaddressed theSub-Committeeand acknowledgedthat shehad  made a mistake and had sold alcohol to people to consume on the premises,  although she stated the person on the premises during the police visit on 20^th  May2020 wasa friend.Mrs Pereiraconfirmedthat shewasaware ofthe  order that had been made and was in effect from 21^st March 2020 relating to  the closureof premises.Mrs Pereiraadvisedthat shedidn’thavea refusal  register immediately available, her licence on display or details of staff training  availablewhenthe policevisited,but shedid havedetails ofchallenge25  which included a poster on the wall. 

Withall theinformationbefore themthe Sub-Committeeare ofthe viewthat  the licensing objectiveshavenot beenpromotedbythe premiseslicence  holder,Mrs Pereira.The Sub-Committeedo notconsider thatthereare any  conditions thatare appropriatefor inclusionon thelicence andhavein mind  thatthere isevidencebefore themthat boththe lawand currentlicence  conditions have been breached. The removal of the DPS was not considered  appropriate, as at the time the DPS was not present, and Mrs Pereira would  remain thepremises licence holder. TheSub-Committee areof the view that 

giventhe circumstanceswithinwhichthe premiseswastrading atthe time  and the serious consequences of non-compliance with government guidance  and regulationsrelatingto theCovid-19pandemic thatsuspensionof the  licenceis notappropriate.In thecircumstancesand withall matters  considered the Sub-Committee are of the view that revocation of the licence is  appropriate.  

Appeal: 

The Premises Licence Holder and Lincolnshire Police have a right of appeal  to the Magistrates’ Court under Section 181 of the Licensing Act 2003. 

The appeal must be commenced by notice of appeal to the Justices’ Chief 
Executive for the Magistrates Court within the period of 21 days beginning 
with the day on which the appellant was notified by the Licensing Authority of 

the decision being appealed against. 

Any appeal should be sent to: Lincoln Magistrates Court, 358 High St, Lincoln  LN5 7QA 

This decision does not take effect until the end of the appealperiod or if the  decision is appealed, when the appeal is disposed of. 

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 orderas to costs it thinks fit. 

Signed:   

FionaWhite 

Licensing & Land Charges Manager 

On behalf of the Licensing Sub-Committee  30 July 2020