URL: https://democracy.boston.gov.uk/ieDecisionDetails.aspx?ID=2334

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 24 April 2026 10.00am   Members of Sub-Committee Cllr Welberry Cllr Izard Cllr Evans Chair   Premises Licence Applicant Mr Thivaiyan Arulananthapillai   Premises Address 3-4 Market Place, Boston   Date Application Received 10 February 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 3-4 Market Place, Boston. At the hearing the Sub-Committee heard from Miss McDowell (Senior Licensing Officer), Mr Sutherland (Solicitor for applicant) Mr Studd (supporting applicant). Mr Arulananthapillai (applicant, Sergeant Adams (Lincolnshire Police), and Peter Hunn (Community Safety Manager). At the hearing the applicant amended their application, and it is this that the Sub-Committee determined.   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 details of the applicant’s experience of running and managing licensed premises in other parts of the country. The applicant reassured the Sub-Committee that he was aware of the PSPO and had sought to address the concerns of Lincolnshire Police by amending the application, and indeed volunteered further amendments during the course of the hearing. Lincolnshire Police and Mr Hunn detailed their concerns of the impact a licensed premises could have on the incredible work done so far in tackling St drinking in the PSPO.   The Sub-Committee noted the Council’s updated licensing policy, and the provisions contained therein that now relate to the PSPO.   Taking everything into consideration, the Sub-Committee consider it is reasonable and proportionate to the promotion and safeguarding of the licensing objectives and the PSPO to grant the premises licence but according to the following amended conditions.   The Sub-Committee seek to amend the hours of opening and the hours for the sale of alcohol to the following: 08:00 hours until 22.00 hours Monday to Sunday. The Sub-Committee were concerned that other licensed premises that are convenience stores cease selling alcohol at 10:00 PM, and so considered that it is reasonable and proportionate to the licensing objectives to align this licence with existing similar premises. In line with the council's Licensing Policy, they also amended the opening hours to match accordingly.   Additionally, the Sub-Committee agree to the amended conditions as suggested in section M of the application form and the supplementary agenda but where the council has corresponding model conditions, these are the ones the Sub-Committee wishes to be used on the premises licence. Therefore, particularly conditions 6,7, 8, and part M are to be amended and the incident record condition, for example.   Sub-Committee were heartened with the conditions put forward by the Applicant particularly the condition proposed about having two members of staff always working, and the updated condition put forward at the hearing regarding keeping the premises clean and tidy.   The Sub-Committee also wish to update the proposed condition on staff training to include a requirement that all staff receive training on the PSPO.   Accordingly, the premises licence 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: 24 April 2026          

Date of Decision: April 24, 2026