Decision

Boston Borough Council

Licensing Act 2003

Review of a Premises Licence

Decision Notice
 

 
Date of hearing
 

 
05 August 2024

 

Members of 
Sub-Committee

Councillor Stuart
Evans
Councillor Chris Mountain
(Chair)
Councillor Paul
Gleeson

 

 
Premises Licence
Applicant
 

 
SulymanUstuner

 
Premises Address

 
12 Red Lion Street,
Boston
 

 
Date Application
Received
 

 
22 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),
Mr Ustuner (the applicant), his son,
and Lincolnshire Police.
 
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:
 
The Sub-Committee have read and
heard all of the evidence before them. They have heard from
Lincolnshire Police and Mr Ustuner and
his son and have given such information due regard.
 
The Sub-Committee have concerns
regarding the timeline of events as set out by the Police. This
includes links to 10 Red Lion Street, Mr Ecer, and the sale or display of alcohol without a
licence in place. Mr Ustuner was unable
to explain dates he took over the premises or provide explanations
why funds were transferred to a 3rd party or monies spent on stock
prior to a lease being entered into. The Sub-Committee have no
confidence in the applicant’s understanding of the licensing
regime or of his roles and responsibilities as a licence holder
displayed by the timeline of events and
in his responses to
questioning.
 
The Sub-Committee are of the
view having had regard to the information put before them that it
is not appropriate for the promotion of the licensing objectives to
grant the licence. The Sub-Committee do not consider there are any
other steps that could be taken that would address their concerns
and the licence is therefore refused.
 

 
 

 
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: 05 August 2024