requested a review of the Premises Licence for European Food, 101
Fydell Street, Boston on 12 March 2019.
No representations in respect of the review were
received. The Licence holder and Designated Premises
Supervisor is Mr Diwan Faraidan Abdulla
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 Licensing & Land Charges Manager,
Lincolnshire Police and an e-mail dated 18th March 2019
from Mr Abdulla’s solicitor was read out as Mr Abdulla failed
to attend the hearing, despite having been given every notice and
opportunity to do so. The Sub-Committee
deferred starting the hearing for 20 minutes to allow him to
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.
were disappointed to note that Mr Abdulla would not be attending
the hearing to give further information / evidence despite having
given every indication that he would be via the returned hearing
form, and the e-mail from his solicitor.
did hear from Lincolnshire Police how intelligence had been
received from members of the public that cheap cigarettes could be
purchased from the premises. This led
the police to undertake test purchases at the premises in order to
confirmed to the Sub-Committee how they had been able to purchase
illegal cigarettes (both counterfeit and foreign) at the premises
three times over a 6 month period. The
unlawful cigarettes were all sold at considerably below the RRP,
and were produced from underneath the counter. On 2 of the 3 test purchases, it was confirmed
that the money from the transaction was placed ...
view the full decision text for item 1.