MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 6 APRIL 2004 COMMENCING AT 10.00 AM

Present :

Mr C B W Chapman (Chairman), Mrs M  A  Jarman, Mr C H Lillywhite, Mrs M J Lloyd, Mr R G Mazillius, Mr R C Richards, Mrs J White

Apologies :

Mr M J Cunningham, Mr J Effemey, Mr A J Mundy

Also Present : (Non Voting)

Mr A C Bartlett, Mr J A Bowker, Mr J Effemey, Mr D J Knowles, Mrs S A Smart, Mr A A Taylor, Mr J A Whittaker

43. MINUTES

RESOLVED :

THAT subject to Mrs J White being recorded in the list of those who gave their apologies, the Minutes of the meeting held on 16 March 2004 be confirmed.

44. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

45. APPLICATION FOR THE GRANT OF A SEX ESTABLISHMENT LICENCE UNDER THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982, SCHEDULE 3, (LICENSING OF SEX ESTABLISHMENTS)

Prior to the presentation of the report regarding the application received for a sex establishment licence, under the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3, the Councils senior solicitor reminded the Panel of the very specific, prescriptive grounds, set out in paragraphs 49 and 50 of the report, where the grant of a licence could be refused. The senior solicitor highlighted that, in this instance, the Act allowed for a license to be refused only on discretionary grounds relating to the locality of the premises. The Panels’ decision could not be based on moral issues. The senior solicitor also explained the procedure to be followed and that only those objectors who had submitted letters or petitions containing valid reasons of objection, within the prescribed timescale, would be allowed to address the Panel.

The Licensing Officer pointed out a small typographical error and explained that the applicant would not have the right to cross-examine any of the objectors present.

The report of the Head of Consumer Protection was received which set out details of an application, submitted by Darker Enterprises Limited of Barking, Essex, for the grant of a Sex Shop Licence in respect of premises situated at 58 Pyle Street, Newport, Isle of Wight. The Company wished to operate the premises under the name of “The Private Shop” and to trade between 0900 hours and 2000 hours, Monday to Saturday inclusive. The Panel noted that the premise was located within the conservation area of Newport. A series of photographs were displayed, which indicated the exact location of the premise and other nearby establishments.

Formal consultation had been undertaken with the Hampshire Constabulary. The police had no grounds to oppose the application but had requested that in the event of the Licence being granted, a number of conditions be attached. Sgt Mudge, of the Hampshire Constabulary, was present and confirmed the conditions requested. Clarification was sought by the Panel as to the position of CCTV cameras in the vicinity of the premise.

In response to the statutory notice placed in the Isle of Wight County Press, 21 valid letters of objection and petitions had been received which the Panel were required by law to consider. A number of late objections and others not compatible with the discretionary grounds for refusal had also been received. All objections and comments had been circulated to the Panel and to the applicant.

In addition, a number of Heads of Services and other Council departments, although not statutory consultees, had been asked to comment on the merits of the application and those responses that had been received were set out in the report. A representative of the Fire and Rescue Service was present and confirmed they had no objections to the application. If any work was required this could be dealt with under existing legislation.

The Panel were informed that, should the Panel be minded to grant the application, arising from discussions between the Council’s Licensing Officer and the applicant, special conditions at variance to the Council’s standard conditions applicable to licences for sex establishments were proposed. A copy of the standard conditions and the special conditions were circulated to the Panel and to the applicant.

The applicant Mr R G Darker, the Managing Director of Darker Enterprises and his representative Mr Sullivan were present. Mr Sullivan confirmed that the hours the Company wished to trade were 09.30 to 20.00 and not those as stated in the report.

The Council’s senior solicitor advised that three supplementary letters of objection had been received since the report was circulated. Only one contained valid reasons of objection and this letter was read out to the Panel. The local Councillor was present and outlined his reasons for objecting. Members of the public, who were present and had submitted valid, written reasons objecting, were invited to address the Panel with their objections.

Mr Sullivan, on behalf of the applicant, circulated an aide memoir, which set out details of the application and provided examples of the frontages and conditions imposed by various local authorities on other premises owned by Darker Enterprises. Particular mention was made of the passage of legislation and Schedule 3 (Licensing of Sex Establishments) of the Local Government (Miscellaneous Provisions) Act 1982. The Panel noted the planned measures with regard to the management of the premise and proposals for the interior layout and exterior frontage. Mr Sullivan confirmed that the company would not apply for a Sunday opening at a future date.

The Panel adjourned to private session.

Upon reconvening in public, it was indicated that the Panel had considered the law with regard to the matter and the information put before them from the applicant and the Licensing officer. They had also heard from a number of objectors and had carefully considered all the objections, which related to discretionary grounds for refusal. The Panel were also grateful to the objectors for the way in which those objections were presented. The Panel were of the view that the relevant location could be considered to be the south-western section of Pyle Street, which was a predominantly secondary, stand-alone retail area within central Newport. The Panel considered that one sex establishment was appropriate for that locality. The Panel had identified two potential sensitive areas, these being the Housing Association properties and the Salvation Army citadel but did not consider them close enough to the premises concerned to affect their decision. The Panel considered their decision to be reasonable and proportionate to the Council’s legitimate aim.

RESOLVED :

THAT the application for the grant of a Sex Shop Licence in respect of premises situated at 58 Pyle Street, Newport, Isle of Wight be granted for one year, for the hours 0930 hours and 2000 hours, Monday to Saturday inclusive, subject to

(i) the Council’s standard conditions applicable to licences for sex establishments;

(ii) the special conditions agreed and any further conditions the Licensing Officer considers necessary following discussions with the applicant;

(iii) the premise not to be open to the public on a Sunday, Christmas Day or Good Friday;

(iv) the licensed premise to be screened by vertical blinds, in a manner approved by the Licensing Officer;

(v) the exterior of the premise to be painted in the company’s standard colours of brown and cream in a manner approved by the Licensing Officer;

(vi) the premise to display only the sign “The Private Shop” over the shop frontage and for no other display, advertisement or notice of any kind to be exhibited so as to be visible from outside of the premises;

(vii) the Council’s standard condition No 15 to include DVDs for the sake of clarity;

CHAIRMAN