Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	Application	Licensing Reference Number
2.	West End /  Central CAZ	British Sex Shop 8 Green's Court London W1F 0HH	Renewal	20/04277/LISEXR

 

LICENSING SUB-COMMITTEE No. 3

Thursday 24 September 2020

 

Membership:              Councillor Jacqui Wilkinson (Chairman), Councillor Margot Bright and Councillor Rita Begum.

 

Legal Adviser:             Viviene Walker

Policy Officer:             Kerry Simpkin

Committee Officer:      Georgina Wills

Presenting Officer:      Michelle Steward

 

 

British Sex Shop 8 Green's Court London W1F 0HH

 

Application for a renewal of a Sex Establishment Licence

[20/04277/LISEXR]

 

 

Relevant Representation:    Local Resident.

 

Present:        Mark Halton (Agent, British Sex Shop 8 Green's Court)

 

This is an application by Mr Nigel Moon, British Sex Shop (The Applicant) was seeking the renewal of a sex establishment licence for an Adult Theme Shop at 8 Green's Court London W1F 0HH. It is situated within the West End Ward.

 

DECISION

 

The application is granted for the following activities and hours:

 

The Committee having carefully considered the application and one objector’s

representation decided to grant the renewal of the Licence for twelve months

subject to the conditions specified below.

 

 

SUBMISSIONS AND REASONS

 

Michelle Steward, the Presenting Officer introduced the application and advised that the Premises currently operates as a sex establishment. The Applicant sought to renewal the Sex Establishment Licence under the Local Government (Miscellaneous Provisions) Act 1982 as amended (“the Act”) for the premises known as British Sex Shop situated at 8 Green’s Court, London W1F 0HH. The Premises have had the benefit of a licence which expired on 17 June 2020. There was no objection raised by the Metropolitan Police and the Local Authority.

 

Mr. Halton presented the application and indicated that the applicant has operated the business for nine years, it is a single enterprise shop, well run by the applicant and there have been no concerns raised by the Police or the Local Authority during this time. Mr. Halton stated that the nature of the objection by the one resident who objected to the application was more of an observation rather than an objection and there is no evidence of any issues detrimental to the renewal. Mr. Halton stated that the premises were visited by the Police and Local Authority during the year and there have been no complaints.

 

There was a representation from one local resident who objected to the renewal of the License and these were on the grounds of the Premises locality.

 

Having listened to all parties the Sub-Committee granted the renewal of the Licence for twelve months. The Sub-Committee noted that the Premises were well run by the applicant and that there had been no objections from any of the Responsible Authorities. The Sub-Committee noted that there was only one objection to the Application. The establishment was deemed to be suited to the area and the locality. Members commented on the importance of supporting local businesses and were satisfied that the conditions agreed would promote the licensing objectives and so they unanimously agreed to renew the licence.

 

Conditions attached to the Licence

 

1.     The licence or a clear copy shall be prominently displayed at all times so as to be readily and easily seen by all persons using the premises.

 

2.     The premises shall not, for any purpose of the licence, be opened before 0900 hours and shall not be kept open beyond 2300 hours.

     

3 (a)     The licensee shall take all reasonable precautions for the safety of the public and employees and except with the consent of the Council, shall retain control over all portions of the premises.

 

  (b)      No poster, advertisement, photograph, sketch, synopsis or programme shall be displayed by or on behalf of the licensee at the licensed premises or at any other public place except in accordance with the Town and Country Planning (Control of Advertisements) Regulations 1992 or any Order amending or replacing the same.

 

 (c)       The premises may not be used under the terms of the licence unless and until any necessary permission and/or consents have been obtained pursuant to the Town and Country Planning Act 1990, the London Building Acts 1930-1939 and the Building Act 1984 or any legislation amending or replacing the same.

 

4 (a)     The licensee or some responsible person over 18 years of age nominated by him in writing for the purpose shall be in charge of, and upon, the licensed premises during the whole time that they are open to the public. Such written nomination shall be continuously available for inspection by a police officer or an officer authorised in writing by the Council.

 

  (b)      The person in charge shall not be engaged on any duties which will prevent him from exercising general supervision and he shall be assisted as necessary by suitable adult persons to ensure adequate supervision. The person in charge should be conversant with these conditions, a copy of which should be held on the premises.

 

 (c)       A notice showing the name of the person in charge of the premises at the time they are open under the licence shall be conspicuously exhibited in a position where it can be easily seen by customers.

 

(d)        All members of staff shall be easily identifiable as such. If required by the Council in writing the licensee shall ensure that during the hours the premises are open for business every employee or person (apart from, where employed, hostesses or other companions) working in the licensed premises wears a badge of a type approved by the Council indicating his name and that he is an employee or person working in the premises.

 

 

5.     The licensee shall maintain good order on the premises and in particular shall ensure that none of the following shall take place:

 

(a)            Unlawful possession and/or supply of drugs controlled by the Misuse of Drugs Act 1971;

 

(b)            Indecent behaviour, including sexual intercourse;

 

(c)             The offer of any sexual or other indecent service for reward;

 

(d)        Acts of violence against person or property and/or the attempt or threat of such acts.

 

(e)        The licensee shall ensure that the public are not admitted to any part or parts of the premises other than those which have been approved by the Council.

 

(f)         The licensee or any other person concerned in the conduct or management of the premises shall not seek to obtain custom by means of personal solicitation or touting from the premises, immediately outside the premises or in the vicinity of the premises, nor allow the premises to be used by prostitutes.

 

Note: Soliciting includes the distribution of leaflets unless authorised by a consent under section 4 of the London Local Authorities Act 1994

 

(g)        No person under the age of 18 shall be admitted to any part of the premises which is used as a sex establishment or be employed in the business of the sex establishment.

 

(h)        No poster, photograph, sketch, painting or any form of advertisement or display shall be displayed by or on behalf of the licensee on, outside or within the premises in a position where it is visible to the public if the Council regards it as unsuitable for exhibition to the public. If the licensee is notified in writing that the Council objects under this rule to a poster, photograph, sketch, painting, advertisement or display such poster, photograph, sketch, painting, advertisement or display shall be removed or completely obscured from

sight.

 

6 (a)     The entrances to the premises shall be of a material or covered with a material which will render the interior of the premises invisible to passers-by.

 

  (b)      Windows and openings to the premises other than entrances shall either be obscured or with the consent of the Council shall have suspended behind them, in a position and at an altitude approved by the Council, opaque screens or blinds of a type and size approved by the Council.

 

7.         No change of use of any portion of the premises from that approved by the Council shall be made until all necessary consents have been obtained from the Council. For the avoidance of doubt this includes a change from one class of sex establishment (e.g. a sex shop) to a different class of sex establishment (e.g. a sex encounter establishment).

 

8.         No alterations (including temporary alterations) shall be made to the premises, without the prior written consent of the Council. This condition shall not require notice to be given in respect of routine maintenance works. Where works necessitate the premises being closed for a period of time, the premises shall not reopen for the purpose of the licence, until the licensee has been notified in writing by      the Council of the satisfactory completion of the work.

 

9.         All sex articles and other things displayed for sale, hire, exchange or

            loan within a sex   shop shall be clearly marked to show to persons who are inside the sex shop the respective prices being charged.

 

10.       All printed matter offered for sale, hire, exchange or loan shall be available for inspection prior to purchase and a notice to this effect is to be prominently displayed within the sex establishment.

 

11.       No film or video shall be exhibited, sold or supplied unless it has been passed by the British Board of Film Classification or such other authority performing a similar scrutinising function as may be notified to the licensee by the Council, and bears a certificate to that effect and is a reproduction authorised by the owner of the copyright of the film or video film so certified.