Agenda item

To consider a report by the Head of Licensing and Registration which sets out details of an application made under Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (the Act) for the renewal of a sex establishment licence for the premises known as Liberte, 10 York Place Leeds LS1 2DS.

(Report attached)

The Licensing Sub-Committee considered a report of the Head of Licensing and Registration on an application made under Section 2 (Schedule 3) of the Local Government (Miscellaneous Provisions) Act 1982, as amended, for the grant of a sex establishment licence.  The application was made by TRL Promotions Limited, Suite 2 Chapel Allerton House, 114 Harrogate Road Leeds LS7 4NY, relating to the premises known as ‘Liberté’, 10 York Place LS1 2DS.  The basement and first floor were to be covered under the provisions of the licence, with proposed hours of operation of 22:00 hours until 04:00 hours Sunday to Thursday and 22:00 hours until 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

·  Pricing Policy

·  Trade Union details

·  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 Council’s Licensing of Sex Establishments – Statement of Licensing 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 Regulation 14 of the Licensing Act 2003 (Hearing Regulations 2005), 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 one objection and Members noted that the objector would be heard following the submission of the applicant.

  Present at the hearing were:

  For Liberté

  Mr J Skeens – solicitor representing the applicant

  Ms Mary Hennesy – trainee solicitor representing the applicant

Ms Manuela Bianca Haruta – Director of TRL Promotions Ltd and designated premises supervisor at Liberté

  Mr Suhel Mohmed – General Manager

  Mr Smith - Objector

At the outset it was clarified that two of the members of the Sub Committee had been on the working group of the Licensing Committee in relation to the revised Statement of Licensing Policy adopted by the Council which came into force on 01 09 2013.

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

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

·  That the number of CCTV cameras at the premises totalled 20 currently but that would be increased to 22 following an upgrade to the system;

·  That in line with the Sub Committee’s requests additional cameras would be fitted at the entrance to the toilets and at the head of the internal corridor  approaching the toilets;

·  Noting the objection received which was a general objection with moral concerns and highlighted that a decision to renew the licence could not be made on moral grounds;

·  Addressing the issue of a 17 year old female working as a flyer distributer as detailed at appendix H of the submitted report. It was highlighted that “id” had been provided but that better procedures are now in place including requesting “id” that is tied to an address;

·  Addressing the issue of out of date consent badges worn by distributers of flyers as highlighted in appendix H (1)(c) of the submitted report it was confirmed that this was an oversight and that in the future Liberté management would ensure all out of date badges are destroyed;

·  Highlighting the robust policy in place and the training received by staff distributing flyers;

·  That  the club was happy to only distribute flyers in streets that the sub Committee considered appropriate and that they would be happy to distribute flyers form 10:30pm onwards in the Sub-Committee so required

·  The importance of the employment generated by having staff to distribute flyers and that a total of ten staff working in teams of 2 would be monitored by a supervisor

·  Two members of staff who distributed flyers addressed the Sub Committee informing Members of the value they placed on the work they did.

In response to questions from the Sub-Committee, Mr Skeens provided information about how flyers were distributed by staff employed by the club

The Sub-Committee heard from the objector, Mr Smith. Mr Smith said that he had witnessed flyers being distributed before 9pm and that flyers were often found lying on the street in the morning.  Mr Smith also referred to the possible feelings of intimidation when walking past a SEV late in the evening. It was also submitted that a children’s charitable organisation had its offices close to Liberté’s premises.

It was confirmed to Members that there had only been one objection received.

The Sub-Committee had regard to the Policy, adopted by Leeds City Council.

The Sub-Committee retained the mandatory and discretionary grounds open to it to refuse any application for a licence, or impose appropriate conditions. The LCC Statement of Licensing Policy contained 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.

In reaching the decision the Sub Committee considered and took into account all representations made, and all documentation submitted, including:

1  The reports from the Head of Licensing and Registration

2  The Local Government (Miscellaneous Provisions) Act 1982 as amended by the Policing and Crime Act 2009, and relevant guidance.

3  The Sex Establishment Statement of Licensing Policy

4  All information submitted by the Applicant, including any supplemental information.

5  The objection received and any letters in support

Local knowledge including local issues and cultural sensitivities (as referred to in paragraph 8.25 of the Policy

RESOLVED –

a)  To note the contents of both the written and verbal submissions

b)  To grant the application for renewal for 12 months from 1 October 2014 to remain in place until midnight on 30 September 2015 subject to the following conditions:

·  A maximum of 10 badges to be issued for staff distributing flyers;

·  That a uniform to be worn to only feature the name of the premises and “promo team”;

·  That all promotion material refer to “Gentleman’s club” as opposed to “Lap dancing club”; and

·  That CCTV be located in the at the entrance to the toilets and at the head of the internal corridor.