Agenda item

Committee to determine an application to renew a Sex Establishment Licence for Pulse and Cocktails on the A1 Southbound, Stoke Rochford report ENV929.

Decision

That the Licensing Committee approve the renewal of the application for a Sex shop Licence as applied for in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Police and Crime Act 2009).

The Licensing Officer present report ENV929 which concerned a renewal application for a Sex Establishment Licences for Pulse and Cocktails on the A1 Southbound, Stoke Rochford.

The Policing and Crime Act 2009 amends Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 to permit the Licensing Authority to license Sex shops.

A Sex Shop means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating –

·       Sex articles;

·       Other things intended for use in connection with, or for the purposes of stimulating or encouraging –

·       Sexual activity; or

·       Acts of force or restraint which is associated with sexual activity

The applicant had run a Sex Shop at the premises since April 2009 and there had been no complaints about the premises during this time. The renewal application was received in February 2026 and no objections were received during the 28 day consultation period from either the Police or any member of the public.

The renewal application did not vary the licence in any way from that previously applied for.  The opening days and times for the premise remained the same:

          Monday – Sunday 09:00 to 22:00hrs (including Bank Holidays)

Reference was made to the Committee visiting the premise and the Licensing Officer confirmed that they had visited the premise the previous year and a site visit for Members of the Committee could be arranged.

Each application should be determined on its own merits and applications may only be refused on certain defined mandatory or discretionary grounds as outlined within the report. 

When determining the application, the Committee should have regard to:

·       The authority’s sex establishment procedures

·       The Human Rights Act 198

·       SKDC’s regulations prescribing standard conditions

·       Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982

The options open to the Committee in respect of the renewal were:

·       To renew the application as applied for

·       To renew the application with modifications and/or additional conditions

·       Refuse the renewal, if having considered the renewal application the committee decides to refuse it, it must provide the applicant with the reasons for the decision in writing

(11:15 the Licensing Officers and press left the meeting)

Members discussed the renewal application before them having regard to the report and all relevant guidance and procedures.  Members noted that no complaints had been received from either the Police or members of the public in relation to the premises and it was therefore, proposed, seconded and unanimously agreed to grant the licence as applied for.

(11:17 the Licensing Officers and press returned to the meeting)

The Legal Advisor read out the Committees decision.  The Committee had read all the paperwork before them noting there were no objections or representations to the renewal. They also noted there had been no complaints regarding the premises and the licence was a renewal and was not being varied in any way.

The Committee having considered all options available to them decided that it was appropriate to renew the application as applied for.