Agenda and minutes

RESOLVED – That Councillor G Hussain be elected Chair for the duration of the hearing

Present at the hearing were:

  For Deep Blue 

  Mr J Coen – Ford and Warren – solicitor

  representing the applicant

  Ms R MacIntosh – observer

  Mr N Quadrini – Director of Ruby May (1) Limited

  Mr Nicholson – Witness/Chartered Surveyor

  Mr I Benosenko – observer

  Mr J Adshead – observer

  Mr T Hooper – relief manager of the premises

  Mr M Hartley – designated premises supervisor

  Mr Makrinakis – observer

  Observers

  Mr P Whur

  Mr P Gourlay

  Mr C Rees-Gay

1)  To highlight reports or appendices which:

a)  officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

b)  To consider whether or not to accept the officers recommendation in respect of the above information.

c)  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

2) To note that under the Licensing Procedure Rules, the press and the public will be excluded from that part of the hearing where Members will deliberate on each application as it is in the public interest to allow the Members to have a full and frank debate on the matter before them.

The Sub Committee felt that the hearing should be held in the public domain and agreed that wherever possible, specific reference to the contents of the exempt information contained within Appendix B of the report should not be referred to, however if it became necessary, the public and press would be excluded from the meeting as follows:

RESOLVED - That the public be excluded from the meeting during consideration of that part of the agenda designated as exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information as contained in Appendix B of the report referred to in Minute No. 10  of  the Licensing Procedure Rules, and on the grounds that it is not in the public interest to disclose the contents as the information therein pertains to individuals and those people would not reasonably expect their personal information or discussions thereon to be in the public domain

No formal late items of business were added to the agenda for the meeting.  However a supplementary document relating to agenda item 5 – application in respect of Deep Blue - had been supplied by the applicant and had been despatched to Members prior to the hearing (Minute No. 10 refers)

It was noted that Appendix H of the report of the Head of Licensing and Registration referred to the standard conditions of the previous Sex Establishment policy and for the avoidance of doubt, a replacement Appendix H which related to the Licensing of Sex Establishments Statement of Licensing Policy (“the Policy”) which came into effect on 1 September 2013 was circulated at the meeting.

Members are reminded to disclose or draw attention to any disclosable pecuniary interests at the start of the hearing on each application for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members Code of Conduct

  There were no declarations of disclosable pecuniary interests

To consider the report of the Head of Licensing and Registration on an application made under Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 for the renewal of a Sex Establishment Licence for the premises known as Deep Blue, 36 Wellington Street, Leeds, LS1 2DE

Please note that Appendix B of the report is regarded as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (1, 2 &3)

The Licensing Sub-Committee considered a report of the Head of Licensing and Registration on an application made under Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended, for the renewal of a sex establishment licence. The application was made by Ruby May Holdings (1) Limited of Unit 40 Friar House, Low Friar Street, Newcastle NE1 5UF, relating to the premises known as ‘Deep Blue’, 36 Wellington Street LS1 2DE. The basement level, ground floor and first floor are to be covered under the provisions of the licence with proposed hours of operation of 22:00 until 04:00 hours Sunday to Thursday and 22:00 to 05:00 hours Friday and Saturday.

The report on the application included the following documentation which Members considered during their deliberations:

·  Dancers Welfare Policy

·  Dancers Code of Conduct

·  Customers Code of Conduct

·  Fines Policy

·  Pricing Policy

·  Trade Union details

·  Chartered Surveyor’s report (despatched after the agenda)

·  Appearance/advertising material

·  Site plan

Colour copies of the appearance/advertising material and a further

location plan showing the premises in relation to other sensitive uses as set out in the  Policy were also provided.

Appendix B of the report was exempt from publication under Access to Information Procedure Rule 10.4 (1, 2 and 3) and, however the Sub Committee resolved not to specifically discuss the exempt information to allow the hearing to be held in public.

The application had attracted a total of 25 objections and one letter of support. 

Members noted that none of the objectors had attended the hearing and therefore resolved to consider the written objections contained within the documents before them and proceed in the absence of the objectors.

The Sub Committee said that the renewal application would be considered having regard to the revised Statement of Licensing Policy adopted by the  Council which came into force on 01 09 2013. The conditions within the revised Policy were contained in Appendix H. It was noted that the existing conditions for the current licence granted under the former policy were also included within the report.

At the outset it was clarified that one of the members of the Sub Committee had been on the working group of the Licensing Committee in relation to the new Policy. It was noted that one Member had visited Deep Blue, as part of that Working Group.

The members confirmed that they all came to deal with this application with an open mind.

The Legal Adviser, having outlined the procedure for the hearing, indicated that the Sub Committee sought clarity from the applicant’s presentation on the following issues:

·  How long the venue had traded as a lap dancing venue

·  Issues arising from any compliance visits

·  Clarity on whether any fining policy existed

·  The number of dancers and the number of customers attending the venue

The Licensing officer presented the report of the Head of Licensing and Registration.

The Sub Committee heard from Mr Coen on behalf of the applicant who presented the application and provided information which included:

·  the  ...  view the full minutes text for item 10.