Agenda item

This report seeks Members determination of an application for the variation 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 variation 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 Mansion (Upstairs), 53-55 Micklegate, York, YO1 6LJ.

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 meeting. She advised that the application was for the variation of a sex establishment licence which had been made under the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3, and Control of Sex Establishments.  The variation sought to:

·        To amend the hours for the provision of sexual entertainment such that sexual entertainment is permitted until 05:00hrs Monday to Sunday inclusive.

·        To permit sexual entertainment on the ground floor bar area and front room on race days only.

3.   The objection received in writing and at the meeting from North Yorkshire Police in relation to the variation. They raised concerns about how licence conditions would be adhered to if the variation be granted.

4.   The application form and the applicants Solicitors comments made at the meeting. The variation was being requested to bring the Sexual Entertainment Venue hours in line with the premises licence hours. The extension of the licensed area would enable the venue to maximise space and compete with other venues on race days. It is proposed a lobby would be constructed at the main entrance to help comply with licence conditions.

5.   The objections received in writing from local residents and the Ward Members. They raised concerns about noise and anti-social behaviour being exacerbated by an extension to the opening hours.

In respect of the proposed licence variation, the Committee had to determine whether to take any of the steps mentioned under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) that it considered necessary.

Members were presented with the following options:

Option 1    Vary the licence as applied for.

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

Option 3    Refuse the requested variations.

In coming to their decision Members chose Option 3 and refused the variation.

Resolved:           That in line with option 3 the licence variation was refused.

Reason:              They considered the grant of the variation would be inappropriate having regard to Paragraph 12(d)(3) (i) and (ii) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, in that  (i) the extension of hours would be inappropriate to the residential character of the locality and (ii) the present layout, character and condition of the premises are not suitable to enable adequate management of the dual use of the premises as a night-club and a sexual entertainment venue if the ground floor is to be used for sexual entertainment purposes. The premises are subject to strict limitations in respect of internal alteration due to its listed building status.  The proposed physical works to the building which are considered necessary to manage the separation of night-club patrons and sexual entertainment venue patrons have not yet reached a stage of sufficient certainty in terms of the obtaining of legal consents to enable the variation to be granted.