Agenda and minutes

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DETAILS OF DECISION TAKEN:

The Chairman reminded all attendees that the hearing was being webcast locally (not live) and if making a representation at the hearing attendees were deemed to have consented to being recorded. 

The Sub-Committee considered the application to vary the conditions attached to the Sexual Entertainment Venue Licence SEV0001, which was granted on 27 August 2015 following a Licensing Sub-Committee Hearing.  The licence expires on 26 August 2016.  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 the applicant had submitted a list of proposed conditions at the hearing on 27 August 2015, very similar to those submitted with this application.  The Sub-Committee, at that hearing, had rejected the majority of the proposed conditions and applied the standard conditions as per the policy with some amendments. 

The application to vary the conditions attached to the Sexual Entertainment Venue Licence SEV0001 was in respect of a new building (not yet built) on a site currently occupied by a nightclub.  The application was received on 16 December 2015 and no objections were received. 

The Council normally imposes standard conditions on all licences.  However, if deemed necessary in any particular case, the Council may change, alter or replace the standard conditions or any of them with conditions that are specific to the application before them.

To assist the Sub-Committee in their deliberations, the Chairman invited the applicant’s representative to state the case in support of his application to vary the conditions attached to Sexual Entertainment Venue Licence SEV0001.  The following submissions in support of the application were made:

·         He had not sought legal representation for this hearing, owing to the fact that very similar proposals had been considered by the Licensing Sub-Committee on 27 August 2015;

·         making the case for granting a Sexual Entertainment Venue licence had been the substantive issue at the Licensing Sub-Committee hearing on 27 August 2015, albeit for a premises which was not yet built;

·         he referred the Sub-Committee to page 84 of the agenda pack, which detailed the rationale behind each of the proposed variations to the conditions. 

·         given the number of proposed changes to the conditions, he was happy for the Sub-Committee to defer their decision, so that a full consideration of all facts could be undertaken.

·         He referred the Sub-Committee to the Statement of Licensing Policy, which came into effect as of 6 January 2016.  It was the applicant’s view that the policy applied to premises licences and to gaming licences. 

The Senior Lawyer Litigation, Bridget Peplow clarified for the benefit of the applicant and the Sub-Committee that the Statement of Licensing Policy related just to the Licensing Act 2003 and was not relevant to the consideration of this application.  The Council had adopted its own Sex Establishment Policy. 

The Chairman, read out the Statement of Licensing Policy 13.3-13.6, which the applicant had referred to:

13.3     The Licensing  ...  view the full minutes text for item 4.