Agenda and minutes

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DETAILS OF DECISION TAKEN:

The Chairman reminded all attendees that the hearing was being audio recorded and if making a representation at the hearing attendees were deemed to have consented to being recorded. 

The Sub-Committee considered the application for a new sex establishment licence.  The Sub-Committee also considered the relevant sections of the Council’s Licensing of Sex Establishments Policy and the National Guidance on Sexual Entertainment Venues issued by the Home Office.

The Sub-Committee noted that all conditions on current licences issued under the Licensing Act 2003 relating to sexual entertainment will cease to apply on 17 November 2015 owing to the end of the transitional period, which started on 17 November 2014. 

A new premises licence was sought for the provision of sexual entertainment to be held in a new building (not yet built) on a site currently occupied by a nightclub.  The application was received on 15 May 2015 and no objections were received. 

The Sub-Committee noted that in considering their decision they should refer to the list of discretionary grounds for refusal and satisfy themselves that the proposed layout of the building plans and conditions were appropriate.  The Sub-Committee also noted that they must consider the suitability of the applicant and the suitability of the location of the proposed establishment having regard to the character of the locality and the use of other premises in the vicinity.  

 The Council had approved standard conditions, which would normally be attached to all licences granted, unless the Sub-Committee considered it appropriate to modify the conditions in any particular case. 

To assist the Sub-Committee in their deliberations, the Chairman requested that the applicant provide further information in relation to the following points:

·         Why the council’s standard conditions should not apply and the alternative conditions submitted by the applicant should be attached instead.

·         In consideration of the suitability of the location for this sexual entertainment venue, what measures would be taken to prevent any potential adverse impact upon other premises in close proximity such as the YMCA, ACM, churches and the Friary Shopping Centre.

·         Given that the licence would only be granted for a year, and given the proposed size of the new building, and that it was unlikely to be built within a year, where in the building the proposed activities would take place and where advertisements would be sited.

·         In consideration of the hours applied for from 12 noon to 5:30am, how the applicant would address the fact that the character of the area was very different at different times of the day.

The Chairman invited Mr Bowes, the applicant’s Counsel to address the sub-committee. He made the following submissions:

·         Guildford Borough Council has adopted a standard set of conditions for the management of sexual entertainment venues.  However, the law permitted variations to those conditions if they were not considered appropriate on a case-by-case basis.

·         The applicant appreciated that sexual entertainment venue licensing was a new concept for local authorities and with that in mind amendments to the standard conditions  ...  view the full minutes text for item 4.