Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End Core CAZ North	Soho Original Adult Store, 12 Brewer St, W1F 0SF	Variation of a Sex Establishment Licence	23/00824/LISEXV

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

(“The Committee”)

 

 

Thursday 20 April 2023

          

Membership:   Councillor Maggie Carman (Chair),

             Councillor Concia Albert and Councillor Jacqui Wilkinson.

                            

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Daisy Gadd

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Emanuela Meloyan

 

 

Other Parties:          Mr Tom Clark – National Retail Manager on behalf of the Applicant, Timothy Hemming

Tony Miah - City Inspector

Richard Brown (Citizens Advice Westminster) – on behalf of Soho Society

 

Application for a variation of a Sex Establishment Licence (Sex Shop) Licence for Soho Original Adult Store, 12 Brewer Street, London W1F 0SF - 23/00824/LISEXV

 

Decision

 

Premises: 

 

Soho Original Adult Store,

12 Brewer Street,

London

W1F 0SF

 

Applicant

 

Timothy Hemmings (ABS Holdings)

 

Ward

 

West End, Core CAZ North

 

Summary of Application

 

This is an application for the variation of the Sex Establishment Licence (Sex Shop) under para 18 of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, (as amended by the Policing and Crime Act 2009) for Soho Original Adult Store, 12 Brewer Street, London, W1F 0SF.

 

The Applicant is seeking a variation of the General Rules relating to management, conduct etc, in particular to vary the hours of closing from 00.00 to 01.00 am Mon-Sat.

 

POLICY

 

Central Activity Zone - CAZ North

 

Proposed Variation

 

The application is to vary the opening hours from 10:00 to 00:00 Monday to Saturday to 10:00 to 01:00 Monday to Saturday.

 

No changes to the Sunday hours have been proposed.

 

Representations Received

 

·       Tony Miah (Westminster City Inspector)

·       Alice Ferguson

·       Nick Clemmow

·       Marina Tempia (Soho Society)

·       Margaret Bloomer (St James’s Residences)

 

Issues raised by Objectors

 

The premises is likely to attract ASB and shoplifters therefore door supervisors are required from 21.00.

 

Late licences will increase crime, disorder and nuisance. There is a large number of licensed premises in the area already.

 

There is no justification to extend the hours past 00.00 as this already exceeds General Rules relating to Management and Conduct which restricts the hours to 23.00.

 

Policy and Legal Considerations

 

1.     Westminster City Council sex shop licence policy.

 

2.     Regulations made by the Westminster City Council under paragraph 13(1) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986 prescribing standard conditions for annual licences for sex establishments

effective from 27 June 1997 (as amended on 25 October 1999) (The Regulations)

 

3.     Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, (as amended by the Policing and Crime Act 2009)

 

 

SUBMISSIONS AND REASONS

 

The presenting officer, Emanuela Meloyan introduced the application and the parties involved.

 

Mr Clark on behalf of the Applicant, Mr Hemming explained the Applicant was abroad and that he has been authorised in writing to represent the Applicant and present the application.

 

Mr Clark advised the Committee that the application is to extend the length of trade on Mondays to Saturdays from 00.00 to 01.00. He explained that across their other 3 stores in London, staff wages have increased 10% but customers are ‘down’ 30%, since COVID.

 

The Committee was informed that the Applicant has 21 stores across the UK and all have been regularly inspected during their 50 years of trade. They have never had a renewal refused, nor have any of their licences been revoked.

 

Mr Clark explained that there is no loud music emanating from the Premises and no noise, anti-social behaviour or crime directly linked to the operation of the Premises. Staff at the Premises are trained to currently remove customers from the Premises at 00.00, but they would like the option to remain open until 01.00, so that customers can remain on the Premises without being rushed.

 

They use SIA registered door staff but only at certain times when there is an elevated risk such as on match days, Pride Festival etc.

 

In response to the Members’ questions, Mr Clark advised that there was a large mix of passing trade and the Premises gets busy during 23.00 to 00.00. The Premises has to close at 00.00 which means legitimate customers have to leave. There may be 2-3 people in the shop at closing times.

 

The Premises has been operating since 2019 and they have the closing times on the doors. Staff currently informs customers when it gets close to closing time. Mr Clark stated there is a benefit for customers attending the Premises to shop and get professional advice.

 

The City Inspector, Mr Miah informed the Committee that he has been a City Inspector of 8 years and is familiar with the area. He has concerns about what happens in Soho after 23.00. The area changes and there is an increase in anti-social behaviour (ASB), the number of drunks, loitering, Pedi-cabs and the risk of thefts if the shop remains open for longer.

 

Mr Miah confirmed that this Premises had not been associated directly with crime and disorder, nuisance or ASB.

 

Mr Brown on behalf of the Soho Society confirmed there was no issue with the operation of the Premises, the concerns revolve around the request for an additional hour. The standard condition applies and can be varied. The Committee were advised that the process for variation affords them a wide discretion.

 

Mr Brown on behalf of his client stated that the licence already exceeds the standard closing time of 23.00 by being permitted to close at 00.00. A 01.00 licence is a ‘’step too far’’. Mr Brown stated that what works for the business, undermines the control of people in the immediate vicinity and consequently affects residents who will be disturbed by ‘revellers’.

 

The Soho Society stated the increase by 1 hr will attract people into the area who, at that time will be intoxicated, causing noise and havoc. The area is feeling like a redlight district and women do not feel safe. The Society do not feel that the Applicant has justified the extension of hours.

 

In response to the legal advisers’ question, Mr Clark stated as a compromise, he would accept the extended hours on Fridays and Saturdays.

 

In summing up Mr Brown reminded the Committee that they have a wide discretion, and the Regulations can be dispensed off only in special cases. Mr Miah had worked in retail previously and stated that when customers are to leave at closing times, a store should have a process in place to notify customers.

 

Mr Clark concluded that he does not know what the increase in sales would be, but he is asking for the extension because staff have to ask customers to leave at 00.00 and they would like the option of trading until 01.00.

 

DECISION

 

Application GRANTED/REFUSED subject to the following conditions in addition to the Mandatory Conditions applicable to this application

 

The Committee has determined an application for a grant of a variation of a Sex Establishment Licence (Sex Shop) under para 18 of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, (as amended by the Policing and Crime Act 2009).

 

The Committee noted the applicant sought to trade an extra hour Mondays to Saturday as currently, staff has to exclude customers from the Premises at 00.00 and they would like the option of an additional hour trading. There was no offer of security for the extra time and this may not be practical for the extra hour.

 

The Committee determined that there were no submissions from Mr Clark which placed the Premises in the category of any special case as required under Part 1, paragraph 2(a) of the Regulations.

 

Therefore, having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Committee has decided, after taking into account all of the individual circumstances of this particular case to REFUSE the application.

 

The Committee do not find that this is a special case as required under the Regulations made under para 13(1) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended.

 

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

20 April 2023