A Spalding shop owners bid to have some conditions placed on it for breaching its licence revoked has been thrown out.
Saglar Ahmat of A2Z Food Express, Westlode Street, had applied for the removal of the restrictions that meant it couldn’t serve beer over 6.5 per cent ABV nor individual cans of beer, cider or larger.
However Lincolnshire Police objected and said the conditions they requested when the store was found to be in breach of licence while called Delicja should remain.
South Holland District Council’s Licencing Panel agreed after today (Tuesday’s) hearing.
The decision notice said: “Within the hearing, the applicant conceded that he was not currently complying with all conditions upon the licence.
“This means that any sale of alcohol without compliance would be unlawful.
“This concession undermined the suggestion that the applicant was an experienced and responsible operator who would be able to manage any issues arising out of street drinking without these two conditions in force.
“In fact, the failure to comply with the labelling requirement means there is no evidence to suggest that street drinkers are not purchasing alcohol from these premises. It was relevant to note that these premises are situated within the Public Space Protection Order (PSPO) zone and evidence relating to anti-social behaviour was required to implement the PSPO area.
“As such at this time having regard to the representations, the only appropriate step to promote the licensing objectives is to reject the whole of the application. These conditions are necessary for the prevention of crime and disorder and the prevention of public nuisance.”
Coun Anthony Casson, South Holland District Council portfolio holder for public protection, said: “I am pleased that the Licensing Panel has again taken a strong stance today, by rejecting this application from an applicant who has failed to comply with the conditions of their licence.
“Rejecting applications like this helps to protect the safety and well-being of South Holland’s residents, and to prevent crime, disorder and public nuisance in the District. I hope it sends a clear message to other businesses that we cannot and will not tolerate unlawful behaviour of any kind.”
