Agenda item
Soho Original Adult Store, 12 Brewer Street, W1F OSF
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3
Thursday 3 February 2022
Membership: Councillor Jim Glen (Chairman)
Councillor Melvyn Caplan
Councillor Rita Begum
Officer Support: Legal Advisor: Viviane Walker
Policy Officer: Kerry Simpkin
Committee Officer: Kisi Smith-Charlemagne
Presenting Officer: Emanuela Meloyan
Application for a New Sex Establishment Licence in respect of Soho Original Adult Store 12 Brewer Street London W1F 0SF 22/00106/LISEXN
Full Decision
Applicant
Mr. Timothy Hemming
The Committee has considered an application for a new Sex Establishment Licence under the Local Government (Miscellaneous Provisions) Act 1982 as amended
(“The Act”) for the premises known as Soho Original Adult Store situated at 12 Brewer Street, London W1F 0SF. The Premises have had the benefit of a licence which expired in 2017.
A new licence was applied for and granted in 2017. Annual renewal applications have been submitted and granted by delegated authority. However, it was noted that due to an administrative oversight, the applicant did not renew the licence in 2021 and the licence lapsed.
The Committee having carefully considered the application decided to grant the application subject to the conditions specified below.
The Committee noted that there were no objections to the application from the Police or the Licensing Authority.
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 09:00 hours and shall not be kept open beyond 00:00 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.
This is the full Decision reached by the Licensing Sub-Committee.
This Decision takes immediate effect.
Licensing Sub-Committee
3 February 2022
Supporting documents:
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Soho Original Report_Redacted, item 1.
PDF 4 MB - Restricted enclosure View the reasons why document 1./2 is restricted