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Agenda item

13A Bateman Street, W1D 3EB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End Ward /

Regulation, 13A Bateman Street,

W1D 3EB

Application for New Sex Establishment Licence

18/04355/LISEXN

 

 

Minutes:

LICENSING SUB-COMMITTEE

Thursday 7th June 2018

 

Membership:            Councillor Melvyn Caplan (Chairman) Councillor Jim Glen and Councillor Shamim Talukder

 

Legal Adviser:           Horatio Chance

Committee Officer:   Kisi Smith-Charlemagne

Presenting Officers:Samantha Eaton

 

Relevant Representations:     The Licencing Authority and Local Resident’s.

 

Present: Mr Peter James Cooke, Krisham Patel, Graeme Burnside, (Applicants), Steven Rowe (Licensing Authority), John Watergrave (Agent) on behalf of interested parties)

 

Regulation, (Lower Ground) 13A Bateman Street London, W1D 3EB 18/04355/LISEXN (“The Premises”)

 

1.

New Sex Establishment

 

Open to the Public

 

Monday to Thursday: 11:00 to 21:00

Friday to Saturday: 09:00 to 22:00

Sunday: 12:00 to 19:00

 

Seasonal variations / Non-Standard Timings:

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

On Sundays prior to bank holidays/public holidays 09:00 – 23:00.

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Mr James Cooke on behalf of Regulation Gb Ltd for a new sex establishment licence in respect of Regulation, 13A Bateman Street London, W1D 3EB (“The Premises”).  The Licensing Officer provided an outline of the application to the Sub-Committee, confirming that after discussion with the Applicant, Environmental Health and the Metropolitan Police, both parties had withdrawn their objections.

 

Mr Cooke addressed the Sub-Committee advising that this was an application for a new sex establishment licence to be known as Regulation.  The Applicant would be moving their existing shop located in the London Borough of Islington (Angel) to a new location in Soho because of its LGBT cultural area, which is highly accessible for customers and would allow the Applicant to continue to trade successfully.  The Applicant advised the Sub-Committee that the client base would mainly consist of gay males and women shoppers. It was submitted that the Premises should therefore be viewed as an adult retail destination to cater for specific lifestyle products within this target group. It was confirmed that the sex shop is to operate in the basement level of the Premises.

 

Operating hours are to be Monday to Wednesday from 11:00 hours to 21:00 hours, Thursday to Saturday from 11:00 hours to 22:00 hours and Sunday from 12:00 hour’s to19:00 hours.  The Applicant indicated that the ground floor area of the Premises would sell men’s retail clothing, club wear and sportswear, whilst the basement would sell GBT fetish wear, sex toys, restraints and lifestyle products. The Sub-Committee noted from the submissions given by the Applicant that from the street scene passers-by would not mistakenly think the Premises was anything other than a usual retail clothing shop because of the store layout and merchandise. The Sub-Committee wanted to ensure that there were no visible signs to suggest that the Premises was seedy which could lead to the wrong type of customer entering the Premises.

 

Mr Cooke advised also that they had tried to actively engage with the local community by hand delivering letters to inform the community of their vision for the Premises and to clear any misunderstandings that may have been had in relation to the nature and operation of the Applicant’s business model. It was contended that the Premises will not have a negative impact on the area due to the standard conditions the Sub-Committee could impose on the Licence and the conditions agreed with the Police and Environmental Health (appearing at Appendix 0 of the Committee bundle) to reduce the risk of any negative impact notwithstanding the fact that the location of the Premises is situate within the vibrant area of Soho.

 

The Sub-Committee sought clarification on items displayed in the ground floor shop windows and how the Applicant would ensure that no one under the age of 18 could gain access to the basement area of the Premises.  The Sub-Committee also sought further clarification on the types of workshops that would take place in the basement area. The Sub-Committee were reassured that with the offer of the CCTV condition agreed with the Police this would ensure that the Premises were properly managed and not allow persons under the age of 18 to gain access to the basement area.

 

The Sub-Committee then heard from Mr Watergrave who represented several local residents and businesses.  Mr Watergrave referred the Sub-Committee to the letters of objection from Memery Crytal LLP appearing at pages 89-93 (Appendix F to J) of the Committee bundle together with the email correspondence appearing at Appendices K and L on pages 94 and 95 together with the objection on page 98 at Appendix M. The Sub-Committee considered the arguments raised in relation to the application and attached the necessary weight to those objections in its determination of the matter. Mr Watergrave raised concerns in relation to the location of the Premises and its proximity to places of worship and a health centre and questioned whether it was appropriate to be having a sex shop given the character of the area and its vicinity under section 12 (3) (d) of the Local Government (Miscellaneous Provisions) Act 1982.  Mr Watergrave contended that this particular Premises is located in a different area of Soho where the character is different and on that basis the Sub-Committee should have regard to the negative impact granting such a licence would have on nearby residents and businesses. Mr Watergrave also raised concerns regarding the proposed operating hours, signage and proposed work/event space. Mr Watergrave stated for the reasons he had advanced to the Sub-Committee, in his opinion the application should be refused in its entirety.

 

Mr Rowe of the Licensing Service advised the Sub-Committee that he had met with the Applicant and had helpful meetings to discuss the proposals for the Premises. Mr Rowe said that he was satisfied that the Applicant had addressed the concerns raised by the Licensing Authority and that the proposed conditions were appropriate and proportionate if the Sub-Committee were minded to grant the licence.

 

After careful consideration of all the evidence submitted, the Sub-Committee decided it was appropriate to grant the licence. The Sub-Committee considered the evidence put forward by residents but felt on balance it was appropriate to grant the licence in all of the circumstances.  With all these factors in mind and in reaching its decision the Sub-Committee concluded that the conditions imposed on the licences would provide the appropriate level of protection for residents and nearby businesses.  The Sub-Committee was reassured by the undertakings given by the Applicant during his submissions, which included that the shop floor window display will not be controversial in terms of its layout and design, there would be adequate signage alerting customers to the basement area of the Premises, where the majority of the sex merchandise would be located and stored, there would be efficient and effective management practices put in place and implemented fully by staff to uphold the conditions imposed on the Licence and the benefit of CCTV cameras installed to help improve security at the Premises.  The Sub-Committee amended the licence to the operating hours applied for by the Applicant, as these were less than core hours. The Sub-Committee wishes to express that should the Applicant breach the terms of the Premises Licence for any reason, application can be made to the Licensing Authority for a review of the Licence so there is a remedy open to residents and local businesses.

 

 

 

Conditions attached to the Licence

 

The Sub-Committee agreed to impose the following Standard Conditions on the Premises Licence:-

 

1. Standard Condition 3:

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. Standard Condition 4:

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. Standard Condition 5:

(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. Standard Condition 6:

(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. Standard Condition 7:

(a) 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.

(b) 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.

(c) 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

 

(d) 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.

(e) 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. Standard Condition 8:

(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. Standard Condition 9:

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. Standard Condition 10:

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.

 

Standard Conditions relating specifically to sex shops:

 

9. Standard Condition 29:

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. Standard Condition 30:

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. Standard Condition 31:

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.

 

 

The following additional conditions were agreed with Environmental Health and the Police and imposed on the Premises Licence by the Sub-Committee

 

12. This Licence has no effect until the Premises have been constructed to the satisfaction of the Environmental Health Service and this condition has been removed.

 

13. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorized officer throughout the entire 31-day period.

 

14. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorized council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

 

 

Supporting documents: