ANNEX 2

No:  CYC/019257      LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 SCHEDULE 3 AS AMENDED BY POLICING AND CRIME ACT 2009 SEX ESTABLISHMENT LICENCE The City of York Council hereby grant renewal of a Sex Establishment Licence to:                                                    Ziggy’s Ltd                                                          Ella Cottage                                                          Shipton                                                    York                                                          YO30 1AZ to use the premises known as:  55 Club                                                    (1^st Floor)                                                          53-55 Micklegate                                                          York                                                          YO1 6LJ for the purposes of a sex establishment comprising a sexual entertainment venue as defined in Schedule 3 to the above Act. This Licence is granted subject to the conditions set out in the schedule below. A fee of £1177.00 has been paid for this licence. This licence shall continue in force from 1 December 2020 until 30 November 2021 unless previously revoked.

Renewal granted on 22 February 2021

Signed .............................................................. For and on behalf of the Director of Economy & Place

SCHEDULE

1.         A copy of this Licence and any Regulations prescribing standard conditions made by the authority must be kept exhibited in a position visible to customers.

2.         Any external indication of the nature of the business is prohibited.

3.         The creation of any new windows or other openings in the external structure of the building is prohibited.

4.         This licence only covers the first floor of 53-55 Micklegate, York, YO1 6LJ.

5.        That the standard hours of opening be limited to Monday to Sunday 21:00 hours to 03:00 hours.  Non-standard hours of opening to be extended on York Racecourse Race Days only 18:00 hours to 04:30 hours.

6.         Where a Licensee is a body corporate or an un-incorporated body any change of Director, Company Secretary or other person responsible for the management of the body is to be notified in writing to the Council within 14 days of such change.  Such written details as the Council may require in respect of any new Director, Secretary or Manager are to be furnished within 14 days of a request in writing from the Council.

7.         The Licensee or a responsible person nominated by him in writing for the purpose of managing the sex establishment in his absence and of whom details (including 2 photographs) have been supplied to and approved in writing by the Council shall be in charge of and upon the premises during the whole time they are open to the public.  This condition shall be read in conjunction with condition 8 below.

8.         The Licensee shall maintain a daily register in which he shall record the name and address of any person who is to be responsible for managing the sex establishments in his unavoidable absence, and the names and addresses of those employed in the sex establishment.  The register is to be completed each day within 30 minutes of the sex establishments opening for business and is to be available for inspection by the Police and by authorised officers of the Council.

9.         The name of the person responsible for the management of a sex establishment be he/she the Licensee or a Manager approved by the Council shall be prominently displayed within the sex establishment throughout the period during which he/she is responsible for its conduct.

10.       The Licensee shall retain control over all portions of the premises and shall not let, licence or part with possession of any part of the premises.

11.       The Licensee shall maintain good order in the premises.

12.       A notice stating that persons under the age of 18 may not enter the premises shall be prominently displayed at the entrance.

13.       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.

14.       No part of the premises shall be used by prostitutes (male or female) for the purposes of solicitation or of otherwise exercising their calling.

15.       Neither the Licensee nor any employee or other person shall seek to obtain custom for the sex establishment by means of personal solicitation outside or in the vicinity of the premises.

16.       A copy of the licence and of these conditions shall be exhibited in a prominent place within the premises where the public may see and read them.  These displays shall be reproductions to the same scale as those issued by the Council.  The copy of the licence required to be displayed as aforesaid shall be suitably framed and the copy of these conditions shall be retained in a clean and legible condition.

17.       No change of use of any portion of the premises from that approved by the Council shall be made until the consent of the Council has been obtained thereto. 

18.       No change between the uses of a sex shop, sex cinema or sexual entertainment venue shall be effected without the consent of the Council.

19.       The Licence Holder shall comply with requirements relating to external appearance of the licensed premises as the Council may consider reasonably necessary.  The Licensee shall give prior notice to the Council of any proposed change to the external appearance of the premises and shall support the prior notice by the submission of detailed drawings to show the proposed changes.

20.       Without prejudice to the generality of condition 19 above, no display, advertisement, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing, or any matter or thing (whether illuminated or not) shall be exhibited so as to be visible from outside the premises unless the prior approval of the Council has been received in writing.

21.       The entrance doors 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.

22.       Windows and openings to the premises other than the entrances shall be obscured in a manner and with such material as may be approved by the Council.  Plans and drawings showing the proposed scheme shall be submitted to the Council for prior approval.  This condition shall not be construed as lessening the obligation of the Licensee under condition 21 hereof.

23.       Lighting in all parts of the premises as approved by the Council shall be in operation continuously during the whole of time that the sex establishment is open to the public.

24.       The number, size and position of all doors or openings provided for the purposes of the ingress and egress of the public shall be approved by the Council and shall comply with the following requirements:

            a)         All doors or openings approved by the Council shall be clearly indicated on the inside by the word “Exit”.

            b)         Doors and openings which lead to parts of the premises to which the public are not permitted to have access shall have notices placed over them marked “Private”.

            c)         Save in the case of emergency no access shall be permitted through the premises to any unlicensed premises adjoining or adjacent.

25.       No fastening of any description shall be fitted upon any booth or cubicle within the sex establishment nor shall more than 1 person (including employee be present in any such booth or cubicle at any time).

26.       Alterations or additions either internal or external and whether permanent or temporary to the structure, lighting or layout of the premises shall not be made except with the prior approval of the Council.

27.       All parts of the premises shall be kept in a clean and wholesome condition to the satisfaction of the Council.

28.       The premise will be conducted in a decent, sober and orderly manner at all times.  Steps will be taken to ensure that none of the following takes place:

a) indecent behaviour including sexual intercourse

b) the offer of any sexual or other indecent service for reward

c) unlawful possession and/or supply of drugs controlled by the Misuse of Drugs Act 1971.

d) any acts of violence against persons or property and/or the attempt or threat of such act likely to cause a breach of the peace.

29.         All performers shall be over 18 years of age.

30.         Notices to be displayed within the premises and at the entrance informing customers of the “House Rules” that affect them and a warning that “adult entertainment” is provided within the premises.

31.         Written information shall be given to the dancers/entertainers advising them of the house rules for performers and customers and possible consequences of failure to comply.

32.         Adult entertainment shall not take place in a location that could be viewed from outside the premises.

33.         Advertising of adult entertainment either on the premises or otherwise shall not include any photographs or images which indicate that entertainment involving nudity or sexual performance takes place on the premises.

34.         CCTV for both monitoring and recording shall be installed, maintained and operated in accordance with Data Protection guidelines and will cover all areas where dancing takes place, including each dance booth. All cameras shall continually record whilst the premises are open to the public and recordings shall be kept for a period of 28 days with times and dates indicated. These recordings shall be kept secure and shall be made available to an authorised officer of the Local Authority or a Police Officer on request. The new CCTV system must be in place by 1^st June 2015.

35.         Performers shall be provided with separate dressing/changing rooms which shall be located so as to be separate and set apart from the public facilities.  No person other than performers and authorised staff will be allowed in or near the dressing/changing room. Safe and controlled access to the dressing/changing room will be maintained at all times.

36.         There shall be at least one female member of staff authorised to be responsible for the safety and welfare of the performers.

37.         At least two SIA (Security Industry Authority) registered door supervisors shall be present when the sexual entertainment premises are open to the public with one SIA door supervisor being positioned on the first floor landing throughout the performance (therefore being present in the area in which the performance takes place) and one at the main entrance to the premises on the ground floor.

38.         Dance entertainment shall be given only by performers/entertainers who are engaged exclusively for that purpose. Audience participation shall not be permitted.

39.         Dance entertainment shall only be performed in the areas of the club as marked on the plans deposited with the Licensing Authority and with the Authority’s approval. These areas can only be changed with the approval of the Licensing Authority.

40.         If performers are invited to have a drink with a customer, the performer will remain fully clothed during this period.  Performers will not be paid commission on the sale of beverages.

41.         On leaving the premises performers will be escorted to their transport by a door supervisor.

42.         Adult entertainment shall not take place before 21:00, except for York Race Days as specified elsewhere in the licence.

43.         The premises licence holder shall ensure that the house rules for both customers and performers are strictly adhered to.

44.       Dancers will be provided with separate secure dressing rooms, facilities to secure valuables and proper sanitation facilities.  No person other than performers and authorised staff will be allowed in or near the dressing rooms, therefore safe and controlled access will be maintained at all times. 

ANNEX 1

House Rules (Customers)

1.           Dancers may only dance to seated customers.

2.           Customers must remain clothed at all times.

3.           Dancers must not be touched by the customer while they are dancing except for the placing of gratuities into the hand or garter of the dancer at the beginning or conclusion of the performance.

4.           No person shall take any video recordings or photographs by any means of the authorised adult entertainment.

5.           No persons other than performers and authorised staff shall be permitted in the dressing/changing rooms.

6.           Dancers shall re-dress at the conclusion of the performance.

7.           Customers who fail to comply with these rules shall be removed from the premise by the management or security staff

8.           No customers shall be admitted to the premises or allowed to remain on the premises if they appear to be intoxicated or unruly.

9.           The duty manager and security staff will ensure that all customers and performers adhere to the house rules.

ANNEX 2

House Rules (Performers)

1.           All performers shall be over 18 years of age.  Prior to engagement all performers will provide documentation that they are aged 18 years or over.  Checks will be made to make sure the necessary legal work permits to work in the United Kingdom are in place.  Should performers be employed from an agency the same checks will be carried out. Management shall keep written record of these checks which shall be available to authorised officers of the council and the Police.

2.           No performer shall be allowed to work, if under the judgement of the management, they appear to be intoxicated or under the influence of illegal substances.

3.           No performance shall involve the use of sex articles, as defined in the Local Government (Miscellaneous Provisions) Act 1982.

4.           Performers shall not use any props or clothing in the act which portrays them as a minor.

5.           Garters worn for the collection of gratuities shall be situated no higher than mid thigh.

6.           Dancers shall re-dress at the conclusion of the performance and are to remain clothed (minimum bikini top and bottoms) at all times except when giving a performance.

7.           Performances of adult nature must be restricted to the designated areas.

8.           All staff and performers are forbidden to give personal details including real name and address or other contact details of any other performer or staff member to a customer. Performers are strongly advised not to pass their own personal details to customers.

9.           The duty manager and security staff will ensure that all customers and performers comply with the house rules.