BOSTON BOROUGH COUNCIL
LICENSING SUB COMMITTEE
VARIATION OF A PREMISES LICENCE
Licence Number: 32UBB05149
Premise: After Dark Night Club, Craythorne Lane, Boston
Applicant: Mighty Pub Company
Hearing Date: 1000 hours – 10 July 2008
1
The Application
1.1
An application has been received for a variation of premises licence for After
Dark Night Club, Craythorne Lane Boston. A plan indicating the premises
location can be found at Appendix 1 and a plan of the layout of the premises
is attached at Appendix 2.
1.2
The application for variation of the licence is as follows:



To permit adult entertainment, namely erotic dancing such as pole dancing
and table dancing
To extend the hours for the sale of alcohol and provision of regulated
entertainment (except showing of films) and late night refreshment on
Friday and Saturday until 0400 hrs the following day (currently 0300 hrs)
and Sunday until 0300 hrs the following day (currently 0200 hrs)
To extend the opening hours on Friday and Saturday until 0415 hrs
(currently 0330 hrs) and on Sunday until 0315 hrs (currently 0200 hrs)
1.3
.A copy of the application is attached at appendix 3.
2
Promotion of the Licensing Objectives
2.1
In submitting the application the applicants are required to describe any steps,
in addition to those already required by the licence conditions, intended to be
taken in order to promote the following 4 licensing objectives:
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


The Prevention of Crime and Disorder
Public Safety
The Prevention of Public Nuisance
The Protection of Children from Harm
2.2
The additional steps the applicants intends to take to meet the licensing
objectives, should the variation be granted, are in accordance with the
operating schedule at section P on page 19 of the application form at
Appendix 3 and in the Guidelines of Operation at Appendix 4. The Operating
Schedule and Guidelines of Operation will be converted into conditions on the
licence.
3
Representations
3.1
Inspector Sharpe, on behalf of Lincolnshire Police, made representation
objecting to the application for extended hours on the grounds of failing to
meet the prevention of public nuisance, public safety and prevention of crime
and disorder licensing objectives. A copy of the representation is attached at
Appendix 5.
3.2
No representation has been made in respect to the variation to permit erotic
dancing.
3.3
A representation has been received from an interested party objecting to the
application for extended hours. A copy of that representation is attached at
Appendix 6.
4
Considerations
4.1
Each application must be considered on its own merits, standardised
conditions cannot be applied across the board to all licences of a similar type.
4.2
With respect to the representations the committee must satisfy themselves
whether or not the licensing objectives are being met as the application
stands.
4.3
In making its decision the committee must consider the application in line with
the following:

The Licensing Act 2003
And must have regard to:


The Section 182 Guidance made under the Act – See Appendix 7.
The Licensing Authority’s Licensing Policy Statement – See Appendix 8.
Reasons must be given if a decision to depart from the Section 182 Guidance
or the Licensing Authority’s Licensing Policy Statement is made.
4.4
The Committee may only consider the parts of the application for variation on
which representation has been made.
5
Options
5.1
There are four options available to the committee
Option 1
To grant the variation, as applied for, with no additional
conditions.
Option 2
To grant the variation with conditions attached to alleviate the
concerns raised through representation. Conditions cannot be
attached with respect to any part of the application on which no
representations were received.
Option 3
Refuse or place limitations on any part of the application to vary
the licence upon which representation was made.
Option 4
If the committee are of the opinion the whole application has
been objected to, refuse the whole application allowing
applicants only to operate as permitted by their existing licence.
This is a matter for the committee to determine in light of the above matters
and any others it considers material.
6
List of Associated Papers
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Map detailing location of the premises
Plan of the premises
Application form
Guidelines of Operation
Police Representation
Interested Party Representation
Relevant section of Section 182 Guidance
Relevant section of Statement of Licensing Policy