requested a review of the Premises Licence for European Food &
Wine, 36 Red Lion Street, Boston on 5 November 2018. No representations in respect of the review were
received. The Licence holder is
Mr Bashdar Mohammed Hilmi.
Policy and Guidance:
In reaching its
decision the Sub-Committee has considered the statutory guidance
issued under section 182 of Licensing Act 2003 and Boston Borough
Council’s Statement of Licensing Policy.
Objectives: The Sub-Committee has found that the licensing objectives of the
prevention of crime and disorder, and public safety are relevant to
Decision and Reasons:
has read and heard all of the information before them.
The Sub Committee
is aware of and has taken into account any implications that may
arise from the Human Rights Act 1998.
in reaching its decision has had due regard for its public sector
equality duty under section 149 of the Equality Act 2010 and
consider that in reaching their decision today, that they have had
due regard for the duty placed upon them by s.149.
has heard from the Principal Licensing & Land Charges Officer,
Lincolnshire Police, Mr Hilmi and his
legal representative on his behalf.
In reaching their
decision the sub-committee has had due regard for all that they
have read and heard, along with the Licensing Act 2003, s.182
statutory guidance, the licensing objectives and Boston Borough
Council’s Licensing Policy.
heard how a number of unannounced visits were made to the premises
between March and December 2018. On all these occasions, the
sub-committee were informed that unlawful cigarettes were either
found or purchased at the premises.
In addition, when
Lincolnshire Police visited in October 2018, a number of other
issues were uncovered at the premises, including breaches of the
CCTV conditions on the Premises Licence, alcohol being sold below
the mandatory price, untrained staff, breaches on record retention
conditions, queries regarding the checks taken before staff start
work, issues regarding how staff are employed and evidence of
unlawful credit being offered.
The police also
confirmed they had evidence that the premises had been operating
outside of its Premises Licence opening hours and also how they had
undertaken a test purchase and been able to purchase alcohol at
0630hrs in the morning.
The police further
confirmed how they had undertaken the December test purchase where
counterfeit cigarettes were purchased from the premises, because
they had received additional information to suggest unlawful
cigarettes were still being sold even after the March visit and
view the full decision text for item 1.