Venue: The Executive Meeting Room - Third Floor, The Guildhall. View directions
Contact: Joanne Wildsmith, Democratic Services tel: 9283 4057 Email: Democratic@Portsmouthcc.gov.uk
Appointment of Chair
Declarations of Members' Interests
Local Government (Miscellaneous Provisions) Act 1982 - Licensing of Sex Establishments - Sexual Entertainment Venue - Application for the renewal of a licence – Wellhot Ltd - Elegance 1 Granada Road Southsea PO4 0RD PDF 64 KB
The purpose of the report is for the Committee to determine an application for the renewal of a sexual entertainment venue licence in respect of the premises situated at 1 Granada Road, Southsea, Portsmouth, PO4 0RD and known by the name of Elegance.
a) that the Committee determine the application for the renewal of a sexual entertainment venue licence in respect of the premises situated at 1 Granada Road, Southsea, Portsmouth, PO4 0RD and known by the name of Elegance; and
b) in determining this application, the Committee shall have regard to paragraph 7.10a of its statement of licensing policy as set out below:
Notwithstanding the provisions of paragraph 7.10 (relating to the numerical control on the number of sex establishments in a particular locality), the presumption to refuse shall not apply to:
• The renewal, transfer or variation of an existing sex establishment licence; or
• The grant of a new sex establishment licence, whereby an application was made during the transitional period 1 November 2011 until 31 October 2012 to those premises that can demonstrate to the satisfaction of the Licensing Authority that during the 12 months prior to the commencement of the transitional period they have been regularly providing sexual entertainment that previously was only regulated under the Licensing Act 2003.
In the matter of the Local Government (Miscellaneous Provisions) Act 1982 and the application for the renewal of a sexual entertainment venue licence in respect of Elegance, 1 Granada Road, Southsea, PO4 0RD
The Sub Committee considered very carefully an application for renewal of a sexual entertainment licence at Elegance, 1 Granada Road, Southsea.
It paid due regard to the Local Government (Miscellaneous Provisions) Act 1982, the Licensing Manager's report, written representations and oral evidence given at the hearing from the Applicant's representative as well as the adopted statement of licensing policy and the Home Office Sexual Entertainment Venues Guidance for England and Wales.
Human Rights legislation was borne in mind whilst making the decision - this included the right to freedom of expression, protection of property balanced with rights of objectors.
Particular consideration was given to the public sector equality duty in accordance with s.149 of the Equality Act 2010 and whether any representation could be raising issues relevant to the protected characteristics. Gender equality was considered so far as appropriate to the representations.
It was noted with significance that no representation was made on behalf of the police or any other responsible authority.
The Sub Committee heard that a number of representations had been received after the expiry of the prescribed statutory period. The Sub Committee accordingly had to determine whether those representations ought to be properly considered and taken into account. The Sub Committee accepted advice that has a discretion to accept late representations and in making such a determination it should consider the following (as well as any other relevant factor):
1) How late are the representations?
2) Is there any particular reason for their lateness?
3) Would their admission create prejudice for the applicant (e.g. insufficient time to respond)?
4) To what extent do the late representations add anything significant to the strength of the objection argument?
It was noted that the Guidance indicates that the discretion may be exercised where the applicant is given the opportunity to deal with objections (paragraph 3.26).
The Sub Committee heard from the Applicant on the issue in particular stating:
- that the Applicant had been served with the late objections in advance of the hearing, but did not wish to adjourn the proceedings today in the event that the objections were admitted;
- But that there was nothing in the content of these late objections which had not already been stated in the objections received on time;
- And that the consultation period expired in March and these objections had been made extremely late.
The Sub Committee agreed to hear a summary outline of the late objections from the Licensing Manager, this summary included the suitability of the area, safety issues, allegations of criminal activities and the sexual objectification of women.
Having heard the summary and considered the Applicant's representations, the sub-committee determined not to accept and consider the late representations.
Having taken account of all of the above, and for the reasons which follow, the Sub ... view the full decision text for item 3.
Exclusion of Press and Public
RECOMMENDED that the following motion be adopted
"Under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded for the consideration of the following item on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972."
Agenda item and paragraph numbers:
Item 5 - Licensing Act 2003 - Consideration of a Personal Licence
Under the following exemption paragraph numbers:
1. Information relating to an individual
2. Information that is likely to reveal the identity of an individual
3. Information relating to the financial or business affairs of any particular
person (including the authority holding that information).
(Members are asked to hand in their confidential papers to the Democratic
Services Officer at the end of the meeting.)
Licensing Act 2003 - Consideration of Personal Licence
The exempt report by the Licensing Manager is for consideration by the sub-committee of whether or not to suspend or revoke a personal licence.
Following the exclusion of press and public the personal licence matter was held in exempt session and the personal licence under consideration was revoked.