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 Purple Door, 5 York Place, Leeds LS1 2DR.

(Report attached)

The Licensing Sub Committee considered the 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 for the renewal of a Sex Establishment Licence. The application was made by Ruby May (2) Limited, Unit 40 Low Friar House, Lower Friar Street, Newcastle Upon Tyne, NE1 5UF relating to the premises known as `Purple Door’, 5 York Place, Leeds. The basement and first floors 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 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

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

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 Arnott on behalf of the applicant who presented the application and provided information which included:

·  Information about the club being a well-run long established venue which had at all times co-operated with West Yorkshire Police and Leeds City Council;

·  That the venue did not operate as a bar and was therefore not open till after 10:00pm. The Sub-Committee were also informed about the number of customers that frequent the venue in an average week, the type of customers and also the charging structure upon entry to the venue.

·  The security at the club was described to the Sub-Committee and also the vetting process that takes place before entry. All customers being informed of the clubs policies and procedures.

·  The CCTV arrangements at the club were described to the Sub-Committee including where they are placed and how they are monitored.

·  The arrangements for dancers arriving and leaving the club were described. Also the Sub-Committee were informed of the facilities for dancers to rest and working terms and conditions that dancers are required to comply with;

·  That no objections had been received from West Yorkshire Police and that they have had no issues or concerns about the venue;

·  That in relation to the distribution of flyers the club would support any conditions required  by Leeds City Council and that training to all staff promoting the club with flyers is provided;

In addressing the objection received Mr Arnott highlighted that a decision on whether to renew the licence or not cannot be taken on moral grounds and that there was demand and support for the club continuing to trade.  Mr Arnott stressed that the club is well run and managed.

In response to Members questions the following information was provided:

That a smoking area for dancers was provided by the venue and that there was no interaction between dancers and customers. That the area where the club is located is primarily an office quarter where all other commercial activity is finished by 5pm and which is not on a main thoroughfare. Further that when starting to work at the venue dancers are put on a three-month probation to assess if they were suitable for the role.

In relation to the Policy, the issue of locality and proximity to areas and premises with sensitive uses Mr Arnott referred to the amplified reasons given in 2013 in relation to Deep Blue and noted that then Purple Door had been regarded as being in the least sensitive area. He noted that nothing had changed over the last 12 months and so that observation remained valid.

The Sub Committee then heard from the objector Mr Smith who provided the following information:

·  The concern that Park Square is in close proximity to the venue and that the surrounding area contains many buildings of interest to the public;

·  That there were a large number of flats located close by to the venue and the possibility that more could be built in the future;

·  It was also submitted that a children’s charitable organisation had its offices close to the premises; and

·  That flyers promoting the venue were often found on streets in the vicinity of the premises in the morning.

The Sub Committee had regard to thePolicy, 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 to 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

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 from1 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”.

·  That the existing canopy attached to the premises carries no promotional images or material on it