Council bosses have now agreed to allow a fourth off-licence in Kirton over fears it would lose a legal challenge to its decision to turn it down.
Boston Borough Council’s licensing sub committee refused the application of Nurettin Atilgan to sell booze at International Food and Drink at 13 Boston Road.
The unpopular plan was met with a flood of complaints and was rejected by councillors in May amid concerns over parking and because the applicant did not demonstrate a full understanding of the licensing act when quizzed at the hearing.
Mr Atilgan appealed to the magistrates’ court and presented additional evidence during the appeal proceedings, which was brought to the sub-committee’s attention by the council’s legal adviser in advance of the appeal hearing.
A statement on behalf of the licensing sub-committee said: “Having considered this evidence and having taken legal advice the committee accepts that its original decision cannot now be successfully defended at appeal and agrees that the matter should be settled by way of a consent order without the need for a full hearing.”
The licence has been granted, subject to conditions that Mr Atligan provides a CCTV surveillance system approved by the police, a ‘Challenge 25’ alcohol age-check scheme and stops selling alcohol at 9pm.
The statement added: “The sub-committee hopes that the licence being granted with these conditions will result in the premises being operated in such a way that it achieves promotion of the licensing objectives.
“Should subsequent issues arise as a result of the issue of this licence there are existing mechanisms to deal with these.”