Agenda and draft minutes

The Democratic and Civic Officer opened the meeting and asked for nominations for Chairman and it was

RESOLVED that Councillor Milne be elected Chairman of the Licensing Sub-Committee for this meeting.

Councillor Milne took the Chair for the remainder of the meeting and round the table introductions were made.

Members may make any declarations of interest at this point but may also make them at any time during the course of the meeting.

Councillor Tim Davies declared that he had used the premises previously, but this did not preclude him from voting on, or taking part in the item.

Please note the procedure to be taken by the committee.

Note 1

This licensing authority will only allow licensing decisions to be taken by a minimum of three Councillors.  In the event of one member being unable to attend, their place will be substituted by another member.  In the event of this substitution taking place all parties will be informed of the change of membership at the beginning of the hearing.

The legal representative for West Lindsey District Council outlined the procedure to those present, as set out in the agenda pack.

Licence Number: 32UHB01805

Hearing Type: Review of a Premises Licence

Applicant: Lincolnshire Police

Premises: Gainsborough Grill, 168 Trinity Street, Gainsborough DN21 1JW

Premises Licence Holder: Mr Ramazan Ozcan

Licence Number: 32UHB01805

Hearing Type: Review of a Premises Licence

Applicant: Lincolnshire Police

Premises: Gainsborough Grill, 168 Trinity Street, Gainsborough DN21 1JW

Premises Licence Holder: Mr Ramazan Ozcan

The Licensing Enforcement Officer outlined that Gainsborough Grill held a premises licence for late night refreshment from 11pm-2am 7 days a week.  Details of the review were contained within the report pack and no other representations had been received in the statutory timescale.

Following this introduction, Sgt Kim Enderby from Lincolnshire Police (the applicants), outlined their case.  The following points were expressed:

·         The UK was in the midst of a global pandemic affecting all businesses;

·         Coronavirus restrictions in place had the sole purpose of protecting the public, saving lives and preventing further spread of the virus;

·         Following an additional national lockdown in March 2020 takeaway venues such as Gainsborough Grill were classed as essential and allowed to continue trading; however, for this continuation in trading a risk assessment was required and the business had to be operating in a Covid safe way to ensure the safety of customers and the staff employed at the premises;

·         The need for this risk assessment was extremely well publicised on a number of different media formats;

·         Lincolnshire Police believed it was impossible for a business not to know what it was required to do to be Covid-safe;

·         The three month national lockdown initially proved effective but by September 2020 the disease was spreading at an alarming rate, leading to a further intervention being put in place by the Government;

·         On Thursday 24 September new regulations came into force.  For a takeaway venue the new legislation required that all serving staff and customers where some sort of face covering within the premises and that counter sales cease at 10pm.  Takeaways could continue after this time but only by delivery;

·         Although this had been the first legal restriction placed on venues of this type since the start of the pandemic, takeaway venues had been operating throughout the month of September so it wasn’t anticipated that they would have a problem adapting to the new rules;

·         On Saturday September 26, a Gainsborough Police Officer, drove past Gainsborough Grill at approximately 11pm;

·         Sgt Enderby then referred to the statement in the pack made by PC Vickers;

o   Having driven past Gainsborough Grill at approximately 11pm there were a number of people within the premises.  The police vehicle was turned around and drove past again – PC Vickers stated it was the presence of the police vehicle that led to customers being ushered out at this point.  The door to the premises had been open on both occasions and the signage at the front of the store was lit;

o   At 1210am the car drove past the premises again; there were two members of the public present within, and approximately six at the front door.  PC Vickers again turned the police car around and a male member of staff ushered people out of the premises;

o   On stopping at the premises,  ...  view the full minutes text for item 4.