BOSTON BOROUGH COUNCIL
LICENSING SUB-COMMITTEE
APPLICATION FOR VARIATION OFA PREMISES LICENCE
Licence number: 32UBB19016
Applicant: Mr Erkan Cagdas
Premise: Alisa, 10 Red Lion Street, Boston
Hearing Date: 1000 hrs on 4 October 2011
1
Purpose of the Report
1.1
The Licensing Sub-Committee is required to determine an application for a
variation of the premises licence for Alisa, 10 Red Lion Street, Boston
2
Recommendation
2.1
The Licensing Sub-Committee determines the application, in accordance with
the Licensing Act 2003, giving appropriate weight to the representation and
any submission made by either party at the hearing.
3
Reasons for the Recommendation
3.1
The Licensing Act 2003 requires that the Licensing Sub-Committee
determines an application for a variation of licence where a relevant
representation has been received.
4
The Application
4.1
An application has been received for a variation of the premises licence for 10
Red Lion Street, Boston. The variation applies for an extension to the
opening hours of the premises and the hours the premises is permitted to sell
alcohol. A plan indicating the premises location can be found at Appendix 1.
4.2
The premise currently opens and sells alcohol from 0900 hrs until 2200 hrs
daily. The application is for extended hours to open and sell alcohol from
0700 hrs until Midnight daily.
4.3
A copy of the application form is attached at Appendix 2. A copy of the
existing licence detailing the conditions which must be adhered to is attached
at Appendix 3.
4.4
The application form was correctly completed and the applicant advertised
the application at the premises and in a local newspaper circulating in the
area as required by the Act.
5
Promotion of the Licensing Objectives
5.1
In submitting the application the applicant is required to describe any steps
intended to be taken to promote the following 4 licensing objectives:




The Prevention of Crime and Disorder
Public Safety
The Prevention of Public Nuisance
The Protection of Children from Harm
5.2
The steps the applicant intends to take to promote the licensing objectives,
should the variation be granted, are in accordance with the operating
schedule at section P on page 12 of the application form at Appendix 2. The
sub-committee may wish to note that the steps the applicant has identified
reflect the existing conditions, no new steps have been identified by the
applicant as necessary should a variation to the hours be granted.
6
Representation
6.1
A representation has been received from an Interested Party being a person
involved in a business in the vicinity of the premises. A copy of the
representation is attached at Appendix 4.
6.2
No representations have been received from any of the Responsible
Authorities.
7
Considerations
7.1
Each application must be considered on its own merits and any conditions
attached to the licence must be tailored to the individual style and
characteristics of the premises and licensable activities concerned. Standard
conditions should be avoided and, indeed, may be unlawful where they
cannot be shown to be necessary for the promotion of the licensing objectives
in any individual case.
7.2
With respect to the representation the committee must satisfy themselves
whether or not the licensing objectives are being met as the application
stands. Any matter which is not related to the promotion of one or more of the
4 licensing objectives is not, in accordance with the Licensing Act 2003,
relevant and therefore cannot be considered.
7.3
In making its decision the committee must consider the application in
accordance with the Licensing Act 2003 and must have regard to:


The Section 182 Guidance made under the Act – See Appendix 5.
The Licensing Authority’s Licensing Policy Statement – See Appendix 6.
7.4
The Committee may only consider the parts of the application upon which
representation has been made.
7.5
In considering the application and representation the following point is
brought to the Committees attention:

With respect to the number of existing premises selling alcohol the
S.182 Guidance made under the Licensing Act 2003 states “Need
concerns the commercial demand for another pub or restaurant or
hotel. This is not a matter for a licensing authority in discharging its
licensing function or for its statement of licensing policy. “Need” is a
matter for planning committees and for the market”.
8
Options
8.1
In accordance with Sections 35(3) and 35(4) the Licensing Sub-Committee is
required to take such steps it considers necessary to promote the licensing
objectives. There are three options available to the committee:
Option 1
To grant the variation of licence with such conditions as are
consistent with the operating schedule accompanying the
application.
Option 2
To grant the variation of licence with modified
conditions/restrictions. Conditions of the licence are modified if
any of them is altered or omitted or any new condition is added.
Conditions cannot be attached with respect to any part of the
application on which no representations were received.
Option 3
Reject the whole or part of the application.
This is a matter for the committee to determine in light of the above matters
and any others it considers material.
9
Appeal
9.1
It should be noted the applicant and the Interested Party may appeal the
decision made by the Licensing Sub-Committee to the Magistrates’ Court.
However, the decision made by the Licensing Sub-Committee takes
immediate effect. Any appeal must be made within 21 days of the day on
which the appellant was notified, in writing, by the Licensing Authority of the
decision to be appealed against.
9
List of Attached Papers
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Map detailing location of the premises.
Application form.
Existing Premises Licence
Representation from the Interested Party
Relevant extract of Section 182 Guidance.
Relevant extract of Statement of Licensing Policy.