Decision Maker:

Outcome: For Determination

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 14, 2025

Purpose:

Content: Boston Borough Council Licensing Act 2003 Temporary Event Notice Decision Notice     Date of hearing     14 July 2025   Members of  Sub-Committee Councillor Stuart Evans (Chair) Councillor Paul Gleeson Councillor Lina Savickiene     Applicant(s) Name     Mr Ridvan Demirci   Premises Address   Star Market, 5-9 New Street, Boston     Date TENs Received     1 July 2025   Details of Application   Temporary Event Notice – from 08.00 hours 23.00 hours on Friday 18 – Thursday 24th July 2025   Temporary Event Notice – from 08.00 hours 23.00 hours on Monday 28 July 2025 – Sunday 3rd August 2025         The Sub-Committee have read all of the information before them. They have heard from the applicant, the applicant's representative and Lincolnshire Police.   Lincolnshire Police detailed the matters contained in the objection notices. Specifically, that the premises is in a PSPO area and the TENs has no provision to attach conditions given there is no premises licence in force. They also noted a failed an underage sales test purchase for the sale of a vape on 11th July.   The applicant's representative advised the intention is to apply for a full premises licence. The applicant acquired the premises on 1st July and hasn’t had time to study the area and the restrictions in force. The intention for the TEN is to sell off the premises only. During the hearing the applicant advised they would like to learn as much as possible about the premises history and the location. They were advised that any discussions regarding a new application needed to be done outside of this hearing. In response to the issue regarding the sale of a vape to an underage child the applicant advised he was not in the premises and would need to check CCTV, further he would ensure training was done which would take 6-7 months. The applicant advised that they had no connection to the previous premises owner. When and about his understanding of the PSPO the applicant advised it related to criminal matters.         Having considered their Licensing Policy, equality duty and human rights act and everything put before them, the Sub-Committee have decided that the notices do not promote any of the licensing objectives and it is therefore appropriate and reasonable to reject both the Temporary Event Notices and the authority will serve a counter notice in that respect.   The Licensing Act 2003 Schedule 5 Part 3 paragraph 16 makes provision for you to appeal against this decision to the Magistrates Court.   The appeal must be commenced by notice of appeal to the Justice's Chief Executive for the Magistrates Court within the period of 21 days beginning with day on which the Premises User/Responsible Authority were notified by the Licensing Authority of the decision being appealed against (i.e., the date of this decision notice). No appeal may be brought later than 5 working days before the day on which the event period specified in the TEN begins.       Signed:          14 July 2025