Agenda item

This report seeks Members’ determination of an application to renew 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 in respect of Black Orchid (1st floor Tokyo), 3-5 Toft Green, York, YO1 6JT.

Members considered a report seeking determination of an application to renew a Sex Establishment Licence for a Sexual Entertainment Venue (SEV) which had been made under the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3 Control of Sex Establishments in respect of Black Orchid, 3-5 Toft Green, York, YO1 6JT York.

The Licensing Manager advised that the application was for the renewal of a Sex Establishment Licence in line with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by Section 27 of the Policing and Crime Act 2009, which allows local authorities to regulate lap dancing clubs and similar venues. She outlined the report and annexes, noting the opening hours of the venue, including the opening hours on York race days. She reported that consultation had been carried out correctly and that one objection had been received from North Yorkshire Police (included at Annex 5 of the report).

The Licensing Manager clarified that North Yorkshire Police did not oppose the renewal of the Sex Establishment Licence, however, they were opposed to the extension of hours on York race days, especially allowing sexual entertainment to begin at 18:00 hours. In their objection, North Yorkshire Police had asked the Committee to adhere to the City of York Council policy and prevent sexual entertainment taking place prior to 21:00 hours. The Licensing Manager then outlined discretionary grounds for the refusal of an application for a sex establishment licence. The three options available to the Committee were then detailed Licensing Manager.

In response to questions raised, the Licensing Manager confirmed that there had been no recent complaints regarding the venue and the last complaint, received 18 months ago was made by a gentleman who had spent more money than intended at the venue.

Following the Licensing Manager’s update, the Applicant explained there were two Sexual Establishment Venues in the city and that the City of York City of York Council’s Policy for the Licensing of Sex Establishments Licensing Policy was problematic in that it didn’t include the extended operation hours on York race days.

Following the Applicant’s statement he was asked and confirmed that North Yorkshire Police had not been in contact with him regarding the venue’s operating hours on York race days. It was clarified that the application was a Renewal of a Sex Establishment Licence and not for an extension of operating hours.

By virtue of paragraphs 10, 12 and 13 of schedule 3 of the Local

Government (Miscellaneous Provisions) Act 1982 (as amended), the Committee had the following options available to them in making their decision:

Option 1     Grant a renewal of the licence as requested.

Option 2     Renew the licence with modified/additional conditions imposed by the licensing committee.

Option 3     Refuse the application for renewal on one of the mandatory grounds or on one or more of the discretionary grounds within paragraph 12 to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended).

Resolved:  That, in accordance with Option 1, Members grant a renewal of the licence as requested.

Reason:     To consider renewal of the sex establishment licence as required by the legislation.