Decision

Boston Borough Council

Licensing Act 2003

Review of a Premises Licence

Decision Notice
 

 
Date of hearing
 

 
22 April 2024

 
Members of  Sub-Committee

Councillor Paul Gleeson
(Chair)
Councillor Stuart
Evans
Councillor David
Scoot

 
Premises Licence
Holder
 

 
Mr Y Ecer

 
Premises Address

 
Boston Food Store, 12 Red Lion
Street, Boston
 

 
Date Application
Received
 

 
13 March 2024

 
Details of
Application

 
Application for the review of a
premises Licence under S51 of the Licensing Act 2003
 

 
The
Parties:
 
The licensing Sub-Committee
convened to consider an application for a
review of a premises licence
held by Boston Food Store, 12 Red Lion Street, Boston. 
 
At the hearing the
Sub-Committee heard from the Senior Licensing Officer
and Lincolnshire Police. The
Premises Licence holder sent word that they had sold the premises
and would not be attending the hearing. 
 
Policy and Guidance:
 
In reaching their decision, the
Sub-Committee had due regard for all that they read and heard,
along with the licensing objectives, the Section 182 Guidance, the
Council’s Statement of Licensing Policy and their duty under
Section 149 of the Equality Act 2010.
 
 
 
Decision and Reasons:
 
Having due regard for all that
they have read and heard, the Sub-Committee have decided that it is
reasonable and proportionate to the promotion of the licensing
objectives to revoke the premises licence.
 
Of particular concern to the
Sub-Committee was the fact that despite all the
assurances given by the
premises licence holder at the hearing in January
2023, that there is no evidence
of their take-over of the premises from Mr
Dinler being legitimate.
Lincolnshire Police presented evidence of how
number 10 Red Lion Street and
the premises remain, on the balance of
probabilities, linked, and how
Mr Dinler still retains an element of
control over the running of the premises. 
 
Additionally, the Sub-Committee
were gravely concerned about the multiple
breaches of the premises
licence conditions since the premises re-opened in May 2023
following the suspension imposed in January 2023. There has also
been failed under-age test purchases of vapes and illegal
cigarettes and vapes have been found at the premises. 
 
The Sub-Committee have no
confidence in the premises licence holder’s
ability to comply with the
conditions of the licence, nor do they feel, on the
balance of probabilities, he
has any interest or intention to uphold the
licensing
objectives.
 
In considering their options
the Sub-Committee felt that revocation of the
premises licence is the only
reasonable and proportionate option that will
ensure the licensing objectives
are safeguarded. 
 
Accordingly the Sub-Committee
have decided to revoke the premises licence.
 

 
Appeal:
 
There is 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 appeal period 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 order as to costs it thinks fit.
 

 
Signed: 
 

Anna McDowell
Licensing Officer
On behalf of the Licensing
Sub-Committee
Date: 22 April 2024