Decision

Boston Borough Council

Licensing Act 2003

Review of a Premises Licence

Decision Notice
 

 
Date of hearing
 

 
19 March 2024

 
Members of  Sub-Committee

Councillor Paul Gleeson
(Chair)
Councillor Lina
Savickiene
Councillor Suzanne
Welberry

 
Premises Licence
Applicant

 
Boston Phoenix Football
Club

 
Premises Address

 
Tattershall Road, Boston
 

 
Date Application
Received

 
30 January 2024

 
Details of
Application

 
Application for the grant of a
Premises Licence
 

 
The
Parties:
The Licensing
Sub-Committee convened to consider an application for a premises
licence where relevant representations have been
received.
 
At the hearing the
Sub-Committee heard from Anna McDowell (Senior Licensing Officer),
Mr Graves (on behalf of Boston Phoenix Football Club,  Mr Shackleston
(applicant’s legal representative) and six members of the
public who had submitted relevant representations.
 
Policy and Guidance:
In reaching their
decision the Sub-Committee had due regard for all that they had
read and heard along with the licensing objectives, the
Council’s Statement of Licensing Policy, the Section 182
Guidance and their duty under Section 149 of the Equality Act
2010.
 
Decision and Reasons:
 
The sub-committee have
read and heard all of the information before them. They have heard
from Mr Shackleston, representing
Boston Phoenix Football Club and Mr Graves.  They also heard from       and      who
were supportive of the application. They also heard from
     ,       on behalf of      mother,      , and      . They raised issues
regarding littering, noise from some events and parking. The
Sub-Committee noted that there was no evidence that this was
attributable to the club.
 
The Sub-Committee
noted the hours applied for were a reduction in the current hours
under the Club Premises Certificate, they also noted the conditions
provided were more stringent than those currently on the
certificate.
 
The Sub-Committee
noted the applicant agreed to surrender the Club Premises
Certificate should the licence be granted.
 
With all of this in
mind the Sub-Committee have decided to grant the licence as applied
for.
 

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: 19 March 2024