BOSTON BOROUGH COUNCIL
LICENSING SUB COMMITTEE
VARIATION OF A PREMISES LICENCE
Licence Number: 32UBB05138
Premise: New Inn, Pen Street, Boston
Applicant: Admiral Taverns (Cygnet) Limited
Hearing Date: 1000 hours – 7 September 2009
1.
The Application
1.1
An application has been received for a variation of premises licence for New
Inn, Pen Street, 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. A copy of the application is attached at Appendix 3
1.2
The application for variation of the licence is as follows:
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To amend the hours when licensable activities are permitted to take place;
To amend the licensable activities authorised by the licence;
To remove all existing licence conditions at Annex 2 of the licence and
replace with conditions consistent with the application’s operating
schedule;
To remove the prohibition of karaoke at the premises.
1.3
A summary of the existing and proposed hours and activities is attached at
appendix 4.
1.4
A copy existing conditions at Annex 2 of the Premises Licence is attached at
Appendix 5.
2.
Promotion of the Licensing Objectives
2.1
In submitting the application the applicant is required to describe any steps
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 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 pages 19 and 20 of the application form at Appendix
3. Conditions consistent with the Operating Schedule will be attached to the
licence, which will replace the existing conditions at Annex 2 of the licence
(see appendix 5), should the variation be granted in part or in full.
3.
Representations
3.1
John Chapman, on behalf of Environmental Health, made representation on
the grounds of failing to meet the prevention of public nuisance licensing
objective. A copy of the representation is attached at Appendix 6.
3.2
A relevant representation has been received from an interested party. A copy
of that representation is attached at Appendix 7. The interested party is a
person living in the vicinity of the premises.
4.
Considerations
4.1
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.
4.2
With respect to the representations the committee must satisfy themselves
whether or not the licensing objectives are being satisfactorily promoted as
the application stands.
4.3
In determining the application with a view to promoting the licensing
objectives, the Committee must give appropriate weight to:
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The steps necessary to promote the licensing objectives;
The representations (including supporting information) presented by all
parties;
The guidance to Licensing Authorities issued under Section 182 of the
Licensing Act 2003 (see appendix 8);
The Licensing Authorities Statement of Licensing Policy (See appendix 9)
Reasons for the decision must be provided to all parties, and if there is a
decision to depart from the Section 182 Guidance or the Licensing Authority’s
Licensing Policy Statement then the reasons for this departure must also be
given.
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. Conditions must be necessary,
targeted and proportionate to achieve promotion of one or more
of the licensing objectives. Conditions must not be ambiguous
and must also be able to be complied with and be enforceable.
Option 3
Refuse or place limitations on any part of the application to vary
the licence upon which representation was made. This decision
to apply this option may be done in conjunction with Option 2.
Option 4
If the committee are of the opinion the whole application has
been objected to, and to grant it in any capacity would result in
failure to promote one or more of the licensing objectives,
refuse the whole application allowing applicants only to operate
as permitted by their existing licence.
6.
Appeal
6.1
Both the applicant and any party who has made a relevant representation
may appeal any decision made by the Committee to the Magistrates Court.
Any appeal must be made within 21 days of day on which the appellant was
notified by the Licensing Authority of the decision appealed against.
7.
List of Associated Papers
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Appendix 9
Map detailing location of the premises
Plan of the premises
Application form
Summary of existing and proposed hours and licensable activities
Annex 2 – Existing licensing conditions proposed to be removed
Representation – Environmental Health
Representation – Interested Party
Relevant extract from Section 182 Guidance
Relevant extract from Statement of Licensing Policy