b
20th April 2015
Licensing Sub-Committee
Licensing Applications for the Renewal of SEV Licenses
Item 1
1 FIRE, Arches 39 – 44 Parry Street, London SW8 1RT (Oval Ward)
Report authorised by: Strategic Director, Delivery: Sue Foster
Executive summary
This report sets out details of application(s) for grant/renewal of a Sex Establishment Licence
against which objections have been made by interested parties.
Summary of Financial Implications
There are no direct financial implications arising from this report.
Recommendation
That the application(s) set out in the Appendix to this report be considered having regard to the
Council's Sex Establishment Policy, the Statutory Guidance and the objection (s) received.
Consultation
Name of
consultee
Internal
Jonathan
Melnick
Cluster or Organisation
Date sent to
consultee
Enabling: Integrated
Support
20.04.2015.
Date response
received from
consultee
Comments
appear in
report
para(s)
Report history
Report no:
12 / 15-16
Date report drafted:
Report deadline:
Date report sent:
18.04.2015
28/04/2015
20.04.2015
Report author and contact for queries:
Robert Gardner, Licensing Manager
020 7926 6122
Background documents
Lambeth Council’s Sex Establishment Policy
Home Office Guidance under the Local Government (Miscellaneous Provisions) Act
1982, as amended by the Policing and Crime Act 2009,
Annexes
Current SEV Licence
Copy of licence under the Licensing Act 2003
Renewal application form for FIRE, Arches 39 – 44 Parry Street, London SW8 1RT
Redacted Representation
Home Office Guidance
Lambeth Sex Establishment policy
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Licensing Applications for the Grant/Variation/Review of Premises Licenses Context
1.1
A licence from the Council is required for the use of a premise as a sex
establishment. A sex establishment can be a sex cinema, a sex shop or a sexual
entertainment venue, or a combination of these.
A sex cinema may show films in the 18R category, and is the only public venue where such
films may be shown. A sex shop means any premises used for a business which consists to
a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating
sex articles;
other things intended for use in connection with, or for the purpose of stimulating or
encouraging sexual activity; or
acts of force or restraint which are associated with sexual activity.
A sexual entertainment venue is any premises at which relevant entertainment is provided
before a live audience for the financial gain of the organiser or the entertainer.
Relevant entertainment means:
any live performance; or
any live display of nudity;
which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be
provided solely or principally for the purpose of sexually stimulating any member of the
audience (whether by verbal or other means).
1.2
Venues that intend to provide relevant entertainment not more than 11 times in any
rolling year are not required to licence their establishment as a sexual entertainment venue.
In order to avail themselves of this exemption operators must not have held any relevant
entertainment in the previous month.
1.3
Schedule 3 of the Local Government (Miscellaneous) Provisions Act 1982, as
amended by the Policing and Crime Act 2009, regulates the licensing of sex
establishments. A licence may be granted to any applicant, and from time to time renewed,
under this Schedule for the use of any premises, vehicle, vessel or stall specified in it for a
sex establishment on such terms and conditions and subject to such restrictions as may be
so specified. A person (includes a business) may make an application for a new sex
establishment licence or a variation to an existing licence. All applications for the grant of a
new licence are considered by the Council’s Licensing Sub-Committee.
The Sub-Committee, when considering such applications, shall carry out its function under
the Local Government (Miscellaneous Provisions) Act 1982, as amended by the Policing
and Crime Act 2009, with regard to Home Office Guidance and the Council's Sex
Establishment Policy.
Where a licence is granted any standard conditions in regulations made by the Council will
automatically be imposed unless expressly excluded or varied by the Council. The Council,
through the Licensing committee, has made regulations and has also adopted policy to
facilitate consideration of applications and guidance is provided to the committee in
subsequent paragraphs of this report.
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2. Proposals and reasons
2.1 The Licensing Sub-Committee has responsibility for exercising the Council's powers in
respect of the Local Government (Miscellaneous Provisions) Act 1982, as amended by the
Policing and Crime Act 2009. Determination by the Committee of the applications appended
to this report is required because they are all new applications or applications for renewal in
respect of which objections have been received.
2.2 Details of the application(s) are set out in the Appendix to this report. All Statutory
consultation requirements have been complied with by the applicant(s) as set out in
paragraph 3 below. The results of consultation are reported in the appendices relating to
each application. Public notice has been given in accordance with the requirements of the.
Local Government (Miscellaneous Provisions) Act 1982, as amended by the Policing and
Crime Act 2009.
2.3 The applicants and objector(s) have been invited to attend the meeting.
2.4 The fees for licences are set by the authority and were paid at the time the applications
were made.
3. Consultation requirements
3.1 Applicants are required to advertise the application by displaying a public notices on or
near the premises and by advertising the application in a local newspaper available in the
vicinity of premises and to copy the application to the Police. An applicant’s’ failure to
comply with any of the above consultation requirements would invalidate the application. All
applications set out in the appendix of this report have complied with the consultation
requirements.
Additionally the application has been copied to the following;
Ward Councillors
Fire Authority
Health & Safety Section
Noise Service
Police
Social Services
Town Planning
Trading Standards
4. Finance
4.1 Not applicable.
5. Legal and Democracy
5.1 The licensing of premises as sex establishments falls within the provisions of the Local
Government (Miscellaneous Provisions) Act 1982, as amended by the Policing and Crime
Act 2009.
When considering licence applications the Sub-Committee shall carry out its functions
having regard to the Council's Sex establishment Policy and Home Office Guidance.
5.3 The Sub-Committee must ensure that all licensing decisions have:
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regard to the council’s Sex Establishment policy;
regard to the Home Office Guidance.
Applications must be considered with regard to the principles of natural justice and the
Human Rights Act 1998.
5.4 The purpose of Lambeth’s Sex Establishment Policy is to make clear to applicants and
relevant representatives the considerations that will be taken into account when determining
applications. It is also intended to guide the Licensing Committee when considering
licensing applications; however the Licensing Committee must consider each application on
its own merit and only allow exceptions to its own policy where the circumstances of the
application justify it.
5.5 Subject to both the Council's Sex Establishment Policy and Home Office Guidance
having been properly considered, a Sub Committee may depart from them if there are good
reasons for doing so. Full reasons must be given and Sub Committees should be aware
that such departures could give rise to an appeal or judicial review.
5.6 The Council’s Sex Establishment Policy sets out standard conditions for sex
establishments, along with further conditions for sex cinemas, sex shops and sexual
entertainment venues. An applicant may, in their application address any condition they feel
inappropriate for their venues.
5.7 When considering an application for the variation of an existing licence the following
options are open to the committee:
to make the variation specified in the application; or
to make such variations as they think fit; or
to refuse the application.
The committee are not restricted solely to making a variation as specified in the application,
and may impose of terms, conditions or restrictions other than those specified in the
application.
5.8 When considering any application for the grant, renewal or transfer of a licence the
Council must have regard to any observations submitted to them by the Chief Officer of
Police and any objections of which notice has been sent to them under paragraph 8(15) of
the Third Schedule to the 1982 Act.
The Council shall give an opportunity of appearing before and of being heard by
a committee or sub-committee of the authority:
before refusing to grant a licence, to the applicant;
before refusing to renew a licence, to the holder; and
before refusing to transfer a licence, to the holder and the person to whom he desires that
it shall be transferred.
5.9 A licence under this Schedule shall not be granted
to a person under the age of 18;
to a person who has had a sex establishment licence in the borough revoked within the
previous 12 months;
to a person, other than a body corporate, who is not resident in an EEA
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State or was not so resident throughout the period of six months immediately preceding the
date when the application was made;
to a body corporate which is not incorporated in an EEA State;
to a person who has, within a period of 12 months immediately preceding the date when
the application was made, been refused the grant or renewal of a licence for the premises,
vehicle, vessel or stall in respect of which the application is made, unless the refusal has
been reversed on appeal.
The Council may refuse an application for the grant or renewal of a licence on one or more
of the grounds specified below, or an application for the transfer of a licence on either or
both of the first two grounds below:
that the applicant is unsuitable to hold the licence by reason of having been convicted of
an offence or for any other reason;
that if the licence were to be granted, renewed or transferred the business to which it
relates would be managed by or carried on for the benefit of a person, other than the
applicant, who would be refused the grant, renewal or transfer of such a licence if he made
the application himself;
that the number of sex establishments in the relevant locality at the time the application is
determined is equal to or exceeds the number which the authority consider is appropriate
for that locality;
that the grant or renewal of the licence would be inappropriate, having regard
(i) to the character of the relevant locality; or
(ii) to the use to which any premises in the vicinity are put; or
(iii) to the layout, character or condition of the premises, vehicle,
vessel or stall in respect of which the application is made.
An applicant whose application for the grant or renewal of a licence is refused on either of
the last two grounds above does not have the right to appeal under this paragraph.
5.10 The Council, after giving the holder of a licence an opportunity of appearing before and
being heard by them, at any time revoke the licence on any of the following grounds;
that the holder is under the age of 18;
that the holder is a person who has had a sex establishment licence in the borough
revoked within the previous 12 months;
that the holder is a person, other than a body corporate, who is not resident in an EEA
State or was not so resident throughout the period of six months immediately preceding the
date when the application was made;
that the holder is a body corporate which is not incorporated in an EEA State;
that the holder is a person who has, within a period of 12 months immediately preceding
the date when the application was made, been refused the grant or renewal of a licence for
the premises, vehicle, vessel or stall in respect of which the application is made, unless the
refusal has been reversed on appeal;
that the applicant is unsuitable to hold the licence by reason of having been convicted of
an offence or for any other reason;
that if the licence were to be granted, renewed or transferred the business to which it
relates would be managed by or carried on for the benefit of a person, other than the
applicant, who would be refused the grant, renewal or transfer of such a licence if he made
the application himself.
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5.11 Where a licence is revoked, the council shall, if required to do so by the person who
held it, give him a statement in writing of the reasons for their decision within 7 days of his
requiring them to do so.
5.12 Where a licence is revoked, its holder shall be disqualified from holding or obtaining a
licence in the area of the appropriate authority for a period of 12 months beginning with the
date of revocation.
5.13 Any of the following persons, that is to say—
an applicant for the grant, renewal or transfer of a licence under this Schedule whose
application is refused;
an applicant for the variation of the terms, conditions or restrictions on or subject to which
any such licence is held whose application is refused;
a holder of any such licence who is aggrieved by any term, condition or restriction on or
subject to which the licence is held;
a holder of any such licence whose licence is revoked,
may at any time before the expiration of the period of 21 days beginning with date on which
the person in question is notified of the refusal of his application, the imposition of the term,
condition or restriction by which he is aggrieved or the revocation of his licence, appeal to
the magistrates’ court acting for the relevant area.
An applicant whose application for the grant or renewal of a licence is refused, on any
ground specified in paragraph below shall not have a right to appeal under this paragraph:.
o that the number of sex establishments in the relevant locality at the time the application is
determined is equal to or exceeds the number which the authority considers is appropriate
for that locality;
o that the grant or renewal of the licence would be inappropriate, having regard
(i) to the character of the relevant locality; or
(ii) to the use to which any premises in the vicinity are put; or
(iii) to the layout, character or condition of the premises, vehicle, vessel or stall in respect of
which the application is made.
An applicant whose application for the grant or renewal of a licence is refused or whose
licence is revoked on any ground set out in paragraph 5.9 (above) shall not have a right to
appeal unless the applicant seeks to show that the ground did not apply to him.
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Application No 1
APPENDIX I
Applicant’s name
Orange Nation
Name and address of premises
Union, Arch 66 Goding Street, London SE11 5AW
Ward
Princes Ward
Consultation:
Department(s) or Organisation(s)
Internal
Food, Health & Safety Section
Noise Service
Social Services
Licensing Service
Town Planning
Trading Standards
External
Fire Authority
Police Licensing Unit
Health Authority
1.
Consulted?
(y/n)
Date response
received
Y
Y
Y
Y
Y
Y
-
Y
Y
Y
-
Comments
summarised in
report? (y/n)
Current Licence
There is a Sexual Entertainment Venue licence in place for the venue for:Sex Cinema;
Sexual Entertainment; and
Sex Shop
A copy of the current SEV licence is appended as Annex 1
The premises also has in place a current premises licence under the Licensing Act
2003. A copy of this has been appended as Annex 2.
2.
Application
2.1
The application is for the renewal of the current licence the details of the application are
as contained within the application form which is appended as Annex 3.
3.
Details of Representation(s)
3.1
One representation from a resident, redacted copies of the representations have been
provided for the applicant and both representors have been invited to the hearing. The
representations form part of this report and is labelled Annex4.
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4.
Observations
4.1
The premises is a gay venue in Vauxhall and puts sometimes put on live
entertainment. The licensing authority has not received any complaint regarding the
venue since its first licence was issued in 2013. The applicant has confirmed that
he is willing for the conditions on his current licence to be applicable to the current
one.
The application is being referred to the committee as it is a requirement in the
council’s policy that all renewal applications that attracts any representation will be
referred to the licensing sub-committee.
4.2
The premises is located under the railway arches 39 - 44Parry Street and is one of a
number of gay premises in Vauxhall and also a role player in the night time economy.
The front entrance faces unto the Albert Embankment and the rear exit is at Goding
Street. No responsible authority has put in any representation against the application
nor have the police requested for any extra conditions apart from what is currently
available on the SEV licence. The premises is a member of the BID Vauxhall One and
the owner is an active member of this group. Although there is limited street parking at
Goding Street, Vauxhall is well served by public transport as there is a transport hub in
the area with several buses, over and underground buses to several parts of London.
There is also currently a police led dispersal programme in Vauxhall and the premises
should benefit from this.
4.1
The parts of the Sexual Entertainment Venues Guidance as issued by the Home Office
Annex 5 that are particularly relevant to this application and the representation(s) received
are Chapters:3.17
Applications for Sex Establishment Licence ,
3.23 - 3.24 Objections
3.27 – 3.31
Determining Applications,
3.39 – 3.42
Conditions Attached to SEV Licences, and Children.
4.2
The parts of the of Lambeth Sex Establishment Policy that are particularly relevant to this
application and the representations are Sections:
2
Premises Licences,
4 - 5 Determination of applications,
Conditions for Sex Cinema, Sex Shop and Sex Entertainment Venue. Annex 6
4.3
A map showing the location of the venue and photographs will be supplied at the meeting.
Copies of the application form and the previous licence are appended.
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