Agenda item

Report ENV902 from the Licensing Officer to determine an application to renew a Sex Establishment Licence for Pulse and Cocktails on the A1 Southbound, Stoke Rochford.

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 Committee requested that Officers visit the premises within 6 months from the date of the decision to ensure compliance with policy.

The Licensing Officer presented report ENV902 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.  The Licensing Officer read out to the Committee the meaning of a Sex Shop and that each application had be determined on its own merits.  Applications may only be refused on certain defined mandatory or discretionary grounds and this were contained within the report and read out by the Licensing Officer.

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 January 2025 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)

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

-        The authority’s sex establishment procedures

-        The Human Rights Act 1998

-        SKDC’s regulations prescribing standard conditions

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

The options open to the Committee 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, they must provide the applicant with the reasons for the decision in writing.

Questions were asked of the Licensing Officer in respect of visits to the premises to which they responded.

(10:53 the Licensing Officers left the meeting)

Members discussed the renewal application before them having regard to the report and all relevant guidance and procedures.  Members noted that Officers had not visited the premises and felt that this needed to be addressed within the next six months.  It was also 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 agreed to grant the licence as applied for with a note that the Licensing Officers visited the premises within the next six months.

(10:58 the Licensing Officers returned to the meeting)

The Legal Advisor read out the Committee’s decision.  The Committee considered the application before them and all the information set out in the report and decided to approve the renewal of the application as applied for in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009). 

The Licensing Committee requested that Officers visit the premises within the next six months from the date of the decision to ensure compliance with policy.