Decision

URL: https://democracy.boston.gov.uk/ieDecisionDetails.aspx?ID=2335

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: Boston Borough Council Licensing Act 2003   Decision Notice   Date of hearing 27 April 2026 2pm   Members of Sub-Committee Cllr Evans Cllr Izard Cllr Baxter Chair   Premises Licence Applicant Perkins Newsagents Limited   Premises Address 12 Red Lion Street, Boston   Date Application Received 03 March 2026   Details of Application Application for the grant of a premises licence     The parties:   The Licensing Sub-Committee convened to consider an application for application for the grant of a premises licence at 12 Red Lion Street, Boston.   At the hearing the Sub-Committee heard from Miss McDowell (Senior Licensing Officer), Mr Kheng - Kurnia Licensing Consultants (for the applicant), Mr Thillainathan (applicant), Sergeant Adams (Lincolnshire Police), and Inspector Ian Cotton (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 heard from Mr Kheng on behalf of the applicant how the applicant is an experienced premises licence holder at a premises in Horncastle, and how there have been no issues experienced at all since he took over that premises in 2020. Additionally, the Sub-Committee questioned the applicant about how he intended to run the premises in terms of staff shifts, where high value items would be stored, staff training, and signage. They also queried the applicant’s knowledge of the PSPO.   Lincolnshire Police gave details of their concerns as to how this premise, if licensed, could impact the PSPO. They further stressed their concerns that the applicant hadn't volunteered some of the suggested conditions such as the waterproof labels and window coverings.   The Senior Licensing Officer gave details of the number of premises in the PSPO that are able to serve alcohol at 6:00am or earlier, namely eight within the PSPO and Asda bordering the PSPO which can sell alcohol for 24hrs.   In reaching their decision the Sub-Committee had two due regard for all they read and heard. Of particular note to the Sub-Committee was the location of the premises in the PSPO, but also the applicant's experience as a premises licence holder.   Taking it all into consideration along with the Council’s Statement of Licensing Policy, the Section 182 guidance and the licensing objectives, the Sub-Committee consider it reasonable and proportionate to the promotion of the licensing objectives to grant the application as applied for, subject to the mandatory conditions and offered, but with the following amendments/additions:   •                  a condition requiring signage advising patrons of the PSPO to be displayed at the entrance/ exit of the premises and on the counter. •                  An amendment to the staff training condition proposed to add in a requirement that all staff receive specific training in relation to the PSPO.   Accordingly, the application is granted.     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 – Senior Licensing Officer On behalf of the Licensing Sub-Committee Dated: 28 April 2026  

Date of Decision: April 28, 2026