THE owner of Spalding takeaway, Reload, may go to the crown court to get his appeal heard over a licensing panel decision to remove the premises licence from his establishment in Westlode Street.
The premises licence was revoked by South Holland District Council’s licensing panel on November 24 following police complaints about food allegedly being served after 3am.
Muhammed Saeed launched an appeal at Spalding Magistrates’ Court, but that was lost when he failed to attend hearings on April 11 and April 25.
Spalding magistrates on Wednesday held a costs hearing – ordering Mr Saeed to pay £175 to South Holland District Council – but did not re-open his appeal.
Mr Saeed’s solicitor, Vikram Singh, said notices were sent to his client’s business rather than his home.
And Mr Singh himself was informed of the April 11 hearing on the day itself when he had other important commitments.
Mr Singh said an email detailing the second hearing was sent to his office as August 25, and not April 25, and was diarised for August.
Solicitor Jo Furner, for the council, said she sent the message regarding the second hearing, but it should have been clear the reference to August 25 was wrong as her message said it was a fortnight from the day of sending.
She said: “I accept with hindsight there’s a typographical error.”
Speaking after the hearing, Mr Singh said he would be taking advice from counsel over whether to appeal to the crown court.