Agenda item

This report seeks Members determination of an application for the grant of a Sex Establishment Licence for a sexual entertainment venue which has been made under the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3 Control of Sex Establishments.

Members considered a report which asked them to determine an application for the grant of a Sex Establishment Licence for a Sexual Entertainment Venue which had been made under the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3 Control of Sex Establishments in respect of Tokyo York (First Floor), 3-4 Toft Green, York, YO1 6JT,

In coming to their decision, Members took into consideration all the evidence and submissions that were presented to them including:

1.   The application form.

2.   The Licensing Managers report and her comments made at the hearing, including that the application was for a sex establishment licence in line with Section 27 of the Policing and Crime Act 2009 which allowed local authorities to regulate lap dancing clubs and similar venues. Members were advised that the premises currently had a premises licence issued under the Licensing Act 2003.

3.   The comments made in writing by various representors as outlined in the committee report. Concerns had been raised by York Feminist Network about Tokyo being located close to premises of sensitive use such as places of worship, nurseries and charities. A number of local businesses had also objected including the Hilton Hotel and Safestay Tourist Hostel who raised concerns about the impact on their businesses caused by anti-social behaviour attributed to the venue.

4.   The comments made by a representor at the hearing who spoke in support of York Feminist Network and advised that a Sex Establishment should not be located close to charities such as women’s refuges.

5.   The comments made by the applicants Solicitor at the hearing. She advised that the club will be operated responsibly and discreetly by an experienced Manager and drew Members attention to the extensive list of rules imposed on staff working at the venue. Noise would be reduced on the first floor as loud music would no longer be required.

Some members queried disabled access into the venue. The applicant agreed to look into this.

Members were presented with the following options:

Option 1     Grant the Licence.

Option 2     Grant the licence with modified/additional conditions imposed by the Licensing Gambling and Regulatory Committee.

Option 3     Refuse the application.

Following lengthy discussion, it was:

Resolved:           That Members agreed Option 1 to Grant the Licence.

Reason:              Members noted the good character and experience of the proposed venue Manager and could find no grounds for refusal.