Decision

Boston Borough Council

Licensing Act 2003

Review of a Premises Licence

Decision Notice
 

 
Date of hearing
 

 
18 July 2024

 
Members of 
Sub-Committee

Councillor Stuart Evans
(Chair)
Councillor Neil
Drayton
Councillor Paul
Gleeson

 
Premises Licence
Applicant
 

 
Arbor Club Ltd

 
Premises Address

 
10 South Street,
Boston
 

 
Date Application
Received
 

 
16 May 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)and Mr Crozier (on behalf of Arbor Club Ltd. Miss McDowell
read out an additional information received from an interested
party who could not attend the hearing due to ill
health.
 
Policy and Guidance:
 
In reaching its decision the
Sub-Committee has had due regard for all that they have read,
heard, and seen, and has considered the statutory guidance issued
under Section 182 of the Licensing Act 2003, along with the
Council’s Statement of Licensing Policy, and their public
sector duty under the Equality Act 2010.
 
 
 
Decision and Reasons:
 
In reaching their decision, of
particular note to the sub-committee were the following:
 
·        
The concerns of local residents in respect of
potential for noise and open windows;
·        
The agreement of Lincolnshire Police and the
applicant to a thorough set of conditions;
·        
The fact the premises has been licensed before with
very similar hours;
·        
The fact there are other licensed premises in the
vicinity who operate similar hours; and
·        
The fact that Environmental Health have not
submitted a representation to the application, nor have there been
any historic complaints made to Environmental Health when the
premises was previously licensed.
 
The sub-committee have decided
that it is reasonable and proportionate to the promotion and
safeguarding of the licensing objectives to grant the application
subject to the hours as applied for and subject to the list of
conditions as agreed between the applicant and Lincolnshire Police.
Whilst the sub-committee note the concerns of local residents, they
consider that the list of conditions agreed with Lincolnshire
Police offers a full raft of
mitigation to address those
concerns and provide appropriate mitigation. They did not consider
there were any additional conditions to add, nor evidence put
before them on which they could reasonably amend the application.
They were also content having met the proposed Designated Premises
Supervisor that he will promote and uphold the licensing objectives
and so did not feel there was any evidence or justification to
exclude a licensable activity from the 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
 
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: 18 July 2024