To determine applications for Sex Establishments within the City and Hunslet ward previously heard by the Sub Committee on 11th, 12th, 13th and 14th June 2012 respectively.
Please note that under the provisions of Access to Information Procedure Rule 10.4 (1,2 and 3) the deliberations of the Sub Committee will be held in closed session, the hearings having already been dealt with in open session
Minutes:
The Sub Committee convened to deliberate on applications heard previously for the grant of sex establishment licences for seven premises located within Leeds city centre.
Members had regard to the Local Government (Miscellaneous Provisions) Act 1982 (Schedule 3) as amended by the Policing and Crime Act 2009 which introduced a new classification of sex establishment, namely sexual entertainment venues and a new licensing regime for lap dancing, pole dancing and other relevant entertainment venues. Leeds City Council had adopted the provisions of Schedule 3 on 19 January 2011 following extensive research and consultation with the trade, academics, action groups and the public - resulting in the Leeds City Council Licensing of Sex Establishments - Statement of Licensing Policy which had been agreed by Executive Board in September 2011.
The Sub Committee had regard to that Policy, adopted by Leeds City Council, which did not choose to place a limit on the number of permitted lap dancing venues within the city but instead set out the approach of encouraging the responsible promotion of licensed activities through frank discussions with the trade, the imposition of conditions and effective enforcement to address problems in partnership with key agencies.
The Sub Committee retained the mandatory and discretionary grounds open to it to refuse any application for a licence, or to impose appropriate conditions. The LCC Statement of Licensing Policy contained 56 standard conditions which the Sub Committee could choose to impose, or add to or vary at the time a licence was granted, should it choose to grant a licence.
Members noted that applications had been received from only 7 of the existing 10 lap dancing venue licence holders. If granted, these licences would take effect from 1 October 2012 and last for 12 months, at which time an application to renew the licence would have to be made.
The Sub Committee carefully considered the applications and verbal submissions made at the previous hearings throughout the week on behalf of the applicants.
The Sub Committee also had regard to the written objections received from members of parliament, councillors, Leeds Object, Support After Rape and Sexual Violence Leeds, and anonymous members of the public. Members had also heard verbal submissions throughout the week from objectors in attendance at the hearings. Members felt that these objections were primarily of a general nature dealing with all lap dancing clubs in Leeds, with only a small number of objections specific to certain establishments. Members also felt that many objections received raised moral objections against lap dancing establishments in general.
The Sub Committee also considered those objections received raising concerns about the number of lap dancing establishments in Leeds and asking for the number to be arbitrarily halved or capped. Members therefore had regard to the Policy adopted by Leeds City Council which did not set a limit on the numbers of establishments but ensured that each application would be judged on its own merits. The Sub Committee noted that the Policy would be reviewed in approximately 18 months time and any change to impose an overall limit on the number of establishments could be considered at that time.
Members also considered further objections received which they précised as raising concerns that:-
The Sub Committee, when considering it’s decisions, had also read the Eden Reports of 2003 (Lilith Report) and 2007 relating to studies in London boroughs; and the content of further studies which re-evaluated the 2003 and 2007 work. Members were also aware of the work undertaken by Dr Teela Sanders specific to Leeds.
RESOLVED – That the Sub Committee’s decision in relation to each application be as follows:-
a) Liberté
Members commented that Liberté occupied small premises on York Place with the immediate locality being predominantly office buildings with some residents immediately above the club. The lap dancing club of Purple Door is on the same road and Deep Blue is to be found on Wellington Street to the rear.
Members considered that the submitted Dancer Welfare Pack and disabled access were sufficient to satisfy the required Equality Act considerations as set out in the Council’s screening document as published on the web site. The Dancer Welfare Pack was also a sufficient safeguard to the concern of dancer’s welfare and commercial exploitation. The contents of the Dancer Welfare Pack as submitted were therefore approved
The locality was not considered unsuitable - given that the opening hours suggested by the applicant mean the premises will operate in the late hours of the night to the early hours of the morning. The Sub Committee was of the opinion that appropriately set hours could ensure that the premises could operate without impacting upon the surrounding offices and workers, residents and visitors to the area. With regard to the close proximity of 2 other lap dancing clubs, it was Members’ view, due in part to the size of the 3 clubs, that this did not ghettoise or create a specific area of Leeds given over to lap dancing clubs. The applicants’ concession regarding opening hours was sufficient to address the concerns raised relating to the perceived risk to women’s safety.
A specific historic complaint relating to nuisance was received on behalf of the residence above the club. Members were satisfied that the changes of music and door controls brought about by the new management were sufficient to prevent further nuisance. It was noted that there were no instances of nuisance reported since the change of management.
The logo and imagery proposed to be used at the venue and on flyers were not considered offensive. The logo and imagery as submitted were therefore approved. Flyer distribution was said to take place only as far as the end of the street which may or may not exceed 100 meters of the establishment.
Dancers when smoking outside the venue are not visible from the street and are separated from customers and members of the public. They are further to be wrapped in gowns of at least knee length so are not portraying an indecent image when seen by the public outside the venue.
The applicant made it clear that vehicles were not to be used and consented to a condition that they not be permitted.
The Sub Committee therefore resolved to grant a licence, subject to the following conditions.
· All standard conditions be applied subject to the following amendments:
i. Hours of opening (condition 10) will be 22:00 until 04:00 hours Sunday to Thursday and 22:00 until 05:00 hours Friday and Saturday
ii. leafleting /distribution of flyers (condition 24) the condition is extended to require the licensee to remove any leaflets from the highway within a 100 metre radius of the distribution point by 06:00 hours in addition to removal at the premises
iii. vehicles (conditions 51 to 53) these conditions will be replaced by one condition not permitting vehicles to be used for personal solicitation, touting or advertising except to transport customers to or from the premises and only by the use of licensed Hackney Carriage or Private Hire vehicles
· The basement level staff smoking area shall be shielded from view by the public by use of a canopy. No unsupervised contact to take place between dancers and customers when on smoking breaks.
· Panic alarms to be fitted to be fitted to all booths and VIP performance areas
b) Deep Blue
Members commented that Deep Blue occupied small premises on Wellington Street. The immediate locality is predominantly office buildings with a public house next door and residential flats close by. The lap dancing clubs of Purple Door and Liberte are to be found on York Place to the rear.
Members considered that the submitted Dancer Welfare Pack and disabled access were sufficient to satisfy the required Equality Act considerations as set out in the Council’s screening document as published on the web site. The Dancer Welfare Pack was also a sufficient safeguard to the concern of dancer’s welfare and commercial exploitation. The contents of the Dancer Welfare Pack as submitted were therefore approved.
The locality was not considered unsuitable - given that the opening hours suggested by the applicant mean the premises will operate in the late hours of the night to the early hours of the morning. The Sub Committee was of the opinion that appropriately set hours could ensure that the premises could operate without impacting upon the surrounding offices and workers, residents and visitors to the area. With regard to the close proximity of 2 other lap dancing clubs, it was the Sub Committees’ view, due in part by the size of the 3 clubs, that this did not ghettoise or create a specific area of Leeds given over to lap dancing clubs. This concession was sufficient to address the concerns raised relating to the perceived risk to women’s safety.
The Sub Committee noted the point raised by Councillor Lowe in objection that the locality was sensitive due to the premises being viewable from Leeds railway station. Members however accepted the evidence given on behalf of the applicant that the view of the premises was oblique. The proposed changes to the front of the premises would make the premises less visible.
The logo was considered inappropriate and could be offensive due to it portraying male genitalia. The Sub Committee noted that the applicant was happy to make any changes required by the Council.
Images proposed to be used at the venue and on flyers were not considered offensive. However members felt that the reference to “stunning girls” waiting for customers should be changed to “dancers” waiting for customers so as to remove any ambiguity that may be regarded as offensive.
Flyer distribution was said to take place only along the street and City Square which may or may not exceed 100 metres of the establishment.
Dancers when smoking outside the venue are not visible from the street and are separated from members of the public. They are further to be wrapped in gowns of at least knee length so are not portraying an indecent image when seen by the public outside the venue.
The application had made it clear that vehicles were not to be used and the applicant consented to a condition that they not be permitted.
The Sub Committee resolved to grant a licence, subject to the following conditions.
c) Purple Door
The Sub Committee noted that Purple Door occupied small premises on York Place. The immediate locality was predominantly office buildings with some residents living immediately above the club. The lap dancing club of Liberte is on the same road and Deep Blue is to be found on Wellington Street to the rear.
Members considered that the submitted Dancer Welfare Pack and disabled access were sufficient to satisfy the required Equality Act considerations as set out in the Council’s screening document as published on the web site. The Dancer Welfare Pack was also a sufficient safeguard to the concern of dancer’s welfare and commercial exploitation. The contents of the Dancer Welfare Pack as submitted were therefore approved.
The locality was not considered unsuitable given that the opening hours suggested by the applicant places this premises operating in the late hours of the night to the early hours of the morning. Members felt that appropriately set hours could ensure that the premises could operate without impacting upon the surrounding offices and workers, residents and visitors to the area. With regard to the close proximity of 2 other lap dancing clubs, it was Members’ view, due in part to the size of the 3 clubs, that this did not ghettoise or create a specific area of Leeds given over to lap dancing clubs. The concession regarding opening hours was also sufficient to address the concerns raised relating to the perceived risk to women’s safety.
The logo and imagery proposed to be used at the venue and on flyers, as submitted with the application, were not considered offensive. Flyer distribution was said to take place only as far as the end of the street which may or may not exceed 100 metres of the establishment.
Dancers when smoking outside the venue are not visible from the street and are separated from customers and members of the public. They are further to be wrapped in gowns of at least knee length so are not portraying an indecent image when seen by the public outside the venue.
The application made it clear that vehicles were not to be used and the applicant consented to a condition that they not be permitted.
The Sub Committee resolved to grant a licence, subject to the following conditions.
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d) Red Leopard
The Sub Committee noted that the Red Leopard venue was positioned on the Headrow, a wide main road, opposite the Town Hall and other civic buildings. The street was predominantly given over to office, shop, bar and residential use but the Wildcats lap dancing club was also on the same street.
Locality was the subject of many objections to this application. Members considered the opening times and neutral, discrete frontage of the venue. The Sub Committee commented that there was no mandatory ban to premises in this area although that may be the subject to review in the next Policy.
The locality was not considered unsuitable given that the opening hours suggested by the applicant places this premises operating in the late hours of the night to the early hours of the morning. Members were of the opinion that appropriately set hours could ensure that the premises could operate without impacting upon the surrounding locality. Members noted the close proximity of 1 other lap dancing club, but felt that this did not ghettoise or create a specific area of Leeds given over to lap dancing clubs. The bus stop mentioned by objectors outside the club was for one bus service only that ceased to run at 21:00 hours. The concession made by the applicant regarding opening hours was sufficient to address the concerns raised relating to the perceived risk to women’s safety.
The logo and imagery proposed to be used at the venue, as submitted with the application, were not considered offensive.
Flyer distribution was said to take place at many distribution points which may or may not exceed 100 meters of the establishment. However, no up to date examples of flyers to be distributed after 1 October 2012 were supplied for consideration so approval of the type was not possible.
Dancers when smoking are not visible from the street and are separated from customers and members of the public. They are further to be wrapped in gowns of at least knee length so are not portraying an indecent image when seen by the public outside the venue.
The application made it clear that vehicles need not be used and the applicant consented to a condition that they would not be permitted if that were appropriate.
The applicant made suggested amendments to the standard conditions which the applicant considered to be pedantic. It was agreed that those relating to typographical errors would be considered by officers before the final decision letters were despatched however Members considered that the other suggested amendments undermined the decisions reached under the consultation process, with particular reference to the stage show exemption.
The Sub Committee resolved to grant a licence, subject to the following conditions.
e) Wildcats
Members noted the location of Wildcats, positioned on the Headrow - a wide main road, opposite the Library and Henry Moore building; the Cenotaph and other civic buildings. The lap dancing club of Red Leopard is to be found on the same street and office, shops, bars and residences predominate the area.
Locality was the subject of many objections to this application. Members heard expert evidence and market research results given on behalf of the applicant and noted a change to the visual appearance of the premises had already occurred. The applicant also consented to the removal of the cat woman logo if it was considered, as stated in the many objections, to cause offence.
The locality was not considered unsuitable given that the opening hours suggested by the applicant places this premises operating in the late hours of the night to the early hours of the morning. The Sub Committee was of the opinion that appropriately set hours could ensure that the premises could operate without impacting upon the surrounding locality. Members noted the close proximity of 1 other lap dancing club but took the view that this did not ghettoise or create a specific area of Leeds given over to lap dancing clubs. The bus stop mentioned by objectors outside the club was for one bus service only that ceased to run at 21:00 hours. The concession made by the applicant regarding opening hours was sufficient to address the concerns raised relating to the perceived risk to women’s safety.
The objector Sandra McNeil spoke on behalf of a number of objecting groups and referred to risks to womens’ safety but Members felt that these comments were general in nature and were not supported by any observations by the police or any evidence relating to Leeds.
Members considered that, from the number of objections, the logo did cause offence to members of the public.
Other imagery proposed to be used at the venue was not considered offensive with the exception to the reference to “play with” the dancers used on flyers. Members considered that this should be removed so that any ambiguity did not cause offence.
Flyer distribution was said to take place at many distribution points which may or may not exceed 100 metres of the establishment.
Dancers when smoking are not visible from the street and are separated from customers and members of the public. They are further to be wrapped in gowns of at least knee length so are not portraying an indecent image when seen by the public outside the venue.
The application made it clear that vehicles need not be used and the applicant consented to a condition that they would not be permitted if that were appropriate.
The Sub Committee resolved to grant a licence, subject to the following conditions.
f) Black Diamond
The Sub Committee noted the observations made by the police expressing concern over management controls within the premises. Members were satisfied that most of these concerns were in relation to the previous management and ownership of the venue. Members had viewed CCTV footage from inside the premises and did voice their concerns regarding inappropriate touching between patrons and dancers in the bar area, however these were reduced by the applicant confirming that a further experienced manager from a Sheffield club was to assist with the running of the premises. The Sub Committee was further assured that police and enforcement officers would continue to monitor the running of these premises.
The Sub Committee noted the location of Black Diamond as small premises on New Briggate. The immediate locality is predominantly office buildings, bars and taxi ranks with the Grand Theatre being regarded as the closest sensitive location. There are no other lap dancing clubs in the area.
Members considered that the submitted Dancer Welfare Pack and disabled access were sufficient to satisfy the required Equality Act considerations as set out in the Council’s screening document as published on the web site. The Dancer Welfare Pack was also a sufficient safeguard to the concern of dancer’s welfare and commercial exploitation. The contents of the Dancer Welfare Pack as submitted were therefore approved.
The locality was not considered unsuitable given that the opening hours suggested by the applicant places this premises operating in the late hours of the night to the early hours of the morning. The Sub Committee considered that appropriately set hours could ensure that the premises could operate without impacting upon the surrounding area. This concession regarding opening hours was sufficient to address the concerns raised relating to the perceived risk to women’s safety.
The logo and imagery proposed to be used at the venue and on flyers were not considered offensive. Flyer distribution was said to take place at distribution points which may or may not exceed 100 meters of the establishment.
Dancers when smoking are not visible from the street and are separated from customers and members of the public. They are further to be wrapped in gowns of at least knee length so are not portraying an indecent image when seen by the public outside the venue.
The application made it clear that vehicles were not to be used and the applicant consented to a condition that they may not be permitted.
The Sub Committee resolved to grant a licence, subject to the following conditions.
g) Silks
The Sub Committee commented that Silks occupies small premises under the dark arches near the Hilton Hotel, set back down a short alley/yard from the main street. The immediate locality is predominantly office buildings, a hotel and car parks. Members considered the railway station to be the closest sensitive location but noted that it is not visible from the premises. There are no other lap dancing clubs in the area.
Members considered that the submitted Dancer Welfare Pack and disabled access were sufficient to satisfy the required Equality Act considerations as set out in the Council’s screening document as published on the web site. The Dancer Welfare Pack was also a sufficient safeguard to the concern of dancer’s welfare and commercial exploitation. The contents of the Dancer Welfare Pack as submitted were therefore approved.
The locality was not considered unsuitable given that the opening hours suggested by the applicant places this premises operating in the late hours of the night to the early hours of the morning. The Sub Committee was of the opinion that appropriately set hours could ensure that the premises could operate without impacting upon the surrounding area. The concession regarding opening hours made by the applicant was sufficient to address the concerns raised relating to the perceived risk to women’s safety. Nearby bus stops were considered not in view of the premises and buses ceased using them at 23:30 hours.
The logo used on the sign was considered offensive to some persons in Leeds and drew attention to the nature of the establishment.
The other imagery proposed to be used at the venue and on flyers were not considered offensive. Flyer distribution was said to take place at distribution points which may or may not exceed 100 metres of the establishment.
Dancers when smoking were visible from the front of the premises and were not separated from customers and members of the public. This was a concern to the Sub Committee.
The application made it clear that vehicles were an integral part of the business providing 70% of the customers to the venue. The applicant however conceded that this could be achieved by use of licensed Hackney Carriage or Private Hire vehicles but preferred to keep the existing vehicles as these were an advertising tool. Members heard that the vehicles parked in busy nightspot areas for the distribution of flyers giving a high profile image for a low profile premises. The objector Councillor Charlwood gave evidence of an incident where her husband was accosted by the occupants of the Silks Hummer vehicle outside Leeds city railway station when a woman hung out of the car offering leaflets. This is the type of act that the Sub Committee were specifically concerned to avoid
The Sub Committee resolved to grant a licence, subject to the following conditions.
Finally, the Sub Committee noted that errors had occurred in the some of the applications in relation to the Dancers Welfare Packs and Information Packs submitted in support of some of the applications – but that these were administrative errors. Members requested that amendments be made and finalised prior to the submission to officers for approval. Furthermore Members indicated to the applicants that when finalising the Packs, special attention should be paid to the recommendations contained with Dr Teela Sanders independent report on lap dancing in Leeds, particularly
- receipts to be issued by the venue when payment of fines/payment for floor is made by dancers or receipts issued for goods confiscated from dancers
- Monthly meetings to be held between management and dancers