Agenda item

Report CSL007 by the Community Safety and Licensing Service Manager.

(Enclosure)

Meeting reconvened at 11.46am

Councillor Chivers left the meeting at 11.46am

Decision

That the application for a Sexual Entertainment Venue Licence in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009) be approved to 03:15 every day of the week, overwriting the standard condition that no such activity should take place on a Sunday. Approval of the licence is to incorporate the District Council’s standard conditions together with the additional conditions that had been proposed by the applicant in writing at the hearing.

The Solicitor to the Committee introduced those present and confirmed who was to speak in connection with the application.  John Kent from John Kent Solicitors would be speaking on behalf of the applicants Mr Yusuf Mehmet Yenibertiz and Maria Karlsson Djurovic. The Manager to the premises was Mr Makram Messaludi.  Inspector Rod Rose and PC Dale Walker would be speaking on behalf of Lincolnshire Police and Mrs Brown was an interested party.

The Licensing Officer then referred to report CSL007 which concerned an application for a Sexual Entertainment Venue Licence (SEV) in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009).  The Council had adopted Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 with regard to Sexual Entertainment Venues at the meeting held on 3 March 2011.  The premised had run a lap dancing club under the permissions of the Licensing Act 2003 from January 2010 up until 30 March 2012 no complaints about the premises had been received by the authority during this period.  On 12 March 2012 an application was received for Taboo Gentlemen’s Club to hold a SEV which would run in conjunction with the premises licence issued under the Licensing Act 2003.    The applicant had applied for a licence to hold sexual entertainment everyday from 21:00 to 06:00hrs.  A complaint was received by e-mail from a person who wished to remain anonymous alleging solicitation, drug use, drinking after time, counterfeit alcohol and full contact dancing. A further e-mail by the same person was made on 4^th April 2012 making further allegations; these were referred to the police for them to investigate.  Two representations were received from members of the public stating that the character of the area was unsuitable, the hours requested were unreasonable, there was noise and disturbance from the premise, its location and the alleged behaviour of the staff.  On 5^th April the police submitted representations regarding the extension of the hours sought, drug use at the premises and as yet unsubstantiated complaints of illegal sexual activities and services taking place.  The police asked that if the Committee were minded to grant the licence they asked if they would delay the decision until the problems surrounding CCTV and the drug use were resolved.  Since the report had been written the police and the applicant’s solicitor had met to find a way forward.  She also asked if Members could confirm receipt of the supporting information submitted by PC Dale Walker.

A point of clarification was made in that the applicants had been in the premises since December 2010 not January 2010.

The police asked about the identity of the anonymous e-mail, but the Solicitor to the Committee informed those present that the identity of the e-mail sender would remain anonymous.

The applicant’s solicitor Mr Kent then presented his case.  He said that his client had submitted the application for the hours based on those used by other premises in areas of Derby, Lincoln and Nottingham and had not consulted with the police.  He wished to start his case by amending the hours asked for to:

Sunday to Wednesday 21:00hrs to 03:15hrs with a closure time of 03:30hrs

Thursday to Saturday 21:00hrs to 04:15hrs with a closure time of 04:30hrs

Although the license had been asked for everyday this did not mean that it would be used every day that would depend on trade. He then spoke about Sunday trading and bank holidays and reasonableness and proportionality. Mrs Robinson referred to the regulations and stated that the regulation said except with the previous consent of the council.

Mr Kent then addressed the procedures that his client would be putting in place with regard to Codes of Conduct, special conditions for both staff and patrons of the premise, signage within the premise and the meetings that he had held with the police about conditions for conduct and management of the premises. He referred to the comprehensive drugs policy which would be implemented and the new CCTV system which had been installed to the satisfaction of the police. Warning notices would be displayed within the premises about the drugs policy and the management had liaised with the police who were happy with the policy as drafted.  He confirmed that his client had sold alcohol after 03:00hrs but he had incorrectly read the premise licence. With regard to the drug use found on the premises, necessary and appropriate steps had been taken to oil all surfaces to prevent people using them for drugs.  Since January 2010 no complaints had been received from any of the statutory authorities and he reminded Members that each application was to be looked at on its own merits.  If the application was approved then a variation of the premises licence would be applied for with regard to alcohol and late night refreshment. 

Meeting adjourned at 12.55 and reconvened at 13.05.

The officers had no questions for the applicant.

In response to questions put by Councillors, the police were unable to corroborate anonymous allegations made relating to the premise. The solicitor asked the representatives from Lincolnshire Police to clarify the hours they would support for sexual entertainment to take place. Lincolnshire Police confirmed that they would be happy with the premise being licensed until 3:15am for the provision of sexual entertainment.

The local resident asked the applicant about arrangements to prevent nuisance in the vicinity of the premise. The applicants stated that no complaints relating to disturbance had been received. They highlighted the number of licensed premises in Taboo’s proximity. To prevent litter, facilities were being installed for the safe disposal of cigarette ends.

Representatives from Lincolnshire Police were given the opportunity to present their case. A number of issues were highlighted, which related to crime and disorder including drug use, drinking after time and contact dancing. They confirmed that recent upgrades had been made to the CCTV.

The applicant was given the opportunity to question the Lincolnshire Police representatives, who confirmed that no complaints had been received since the new owners had taken on the premise. The new owners had also co-operated with police requests. The applicant’s solicitor highlighted that there was nothing in Taboo’s current licence that prevented contact dancing.

In response to questions put by Councillors, the police were unable to corroborate anonymous allegations made relating to the premise. The solicitor clarified that Lincolnshire Police would be happy with the premise being licensed until 3:15am for the provision of sexual entertainment.

In response to a question from the local resident about the new CCTV system, police officers explained that it kept an automatic log of when footage was accessed and by whom.

The local resident was invited to make her representations. As part of her statement she highlighted the proximity of residential and commercial properties to Taboo, noting in particular a nearby nursery. She objected to the licensing of the premise on moral grounds.

The Licensing Officer gave her closing statement, reminding the Committee that they should have regard to representations made by the applicant and interested parties. Mr Kent, the applicant’s solicitor, gave a brief closing statement.

(14:05 – the Licensing Officer, applicants and other interested parties left the meeting)

(14:05 – Councillor Griffin left the meeting and did not return).

The Committee discussed the application having regard to representations made during the meeting and the standard conditions applied to such licences. The Solicitor advised the Committee that standard conditions would preclude use of such premises on a Sunday however, a decision of the Committee was sufficient to overwrite that standard condition.

 It was proposed and seconded that that the Committee approve the application for a Sexual Entertainment Venue Licence in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009) to 03:15 every day of the week, overwriting the standard condition that no such activity should take place on a Sunday. Approval of the licence should incorporate the standard conditions together with the additional conditions that had been proposed by the applicant. This was agreed unanimously.

(14:15 – the Licensing Officer, applicants and other interested parties returned to the meeting)

(14:15 – Councillor Sandall left the meeting and did not return)

The Solicitor advised those present of the Committee’s decision. Having considered the representations of all parties, the decision of the Committee was to approve the licence as applied for subject to the hours of licensable activities being amended to cease at 03:15 every day, overriding the standard condition which prevented such licensable activity on a Sunday. The licence was subject to the standard conditions and the additional conditions which had been submitted by the applicant.

The reason for the decision was based on recommendations made by Lincolnshire Police and representations made at the meeting. It was noted that many of the representations made before the Committee were relevant to an application under the Licensing Act 2003 instead of Schedule 3 of the Local Government (Miscellaneous Provisions Act).

CLOSE OF MEETING

The meeting was closed at 14:20.