Agenda and minutes

RESOLVED:

That Councillor Kerrigan be elected Chair for this meeting of the Sub-Committee.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Under Section 100A(4) of the Local Government Act, 1972, the press and public are excluded from the meeting for Agenda Item 4, on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Act. The Public Interest Test has been applied and favours exclusion of the information from the Press and Public.

RESOLVED:

That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it/they would involve(s) the likely disclosure of exempt information as defined in paragraph(s) 1 of Part 1 of Schedule 12A to the Act. The Public Interest Test has been applied and favours exclusion of the information from the press and public.

Report of the Director of Built Environment

The Committee considered the report of the Director of Built Environment on an application under the Local Government (Miscellaneous Provisions) Act 1982, for the grant of a Sex Establishment (Sexual Entertainment Venue) Licence in respect of the above premises, as follows:

Terms Applied for:

An objection to the application had been received from Merseyside Police and this necessitated a hearing for which the Sub-Committee had been convened.

The Committee heard representations from:

• Mr. Nick Archer, Solicitor – on behalf of the applicant, in support of the application; and
• Police Constable Steve Woods, Police Licensing Officer, on behalf of Merseyside Police objecting to the application.

Mr. Archer called upon Ms LG and Ms SJA as witnesses.

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no preliminary issues raised, and at the end of their representations, everyone confirmed that they were satisfied that they had said all they wished to say.

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby continued to exclude the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision with the press and public still excluded.

RESOLVED:

That the application for the grant of a Sex Establishment (Sexual Entertainment Venue) Licence in respect of the Black Orchid Gentlemen’s Club, 8 Coronation Walk, Southport, be granted as requested, subject to the Council’s Sexual Entertainment Venue Standard Conditions.

The hours of operation are in accordance with the application made.

 Reasons:

The Sub-Committee heard from Mr Archer on behalf of the applicant and SA, together with representations from PC Woods on behalf of Merseyside Police.

The legislation being schedule 3 of the Local Government (Miscellaneous Provisions) at 1982 is clear.  At Paragraph 10 (18), in considering any application for the grant, renewal or transfer of a licence, the appropriate authority shall 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 sub paragraph (1). No objections were received, but observations / concerns were raised by Merseyside Police.

The Sub Committee had due regard to those concerns and have also taken into account the representations made by Mr Archer, the applicant and SA.

In making their decision, the Sub-Committee are mindful of the extent of power they have to refuse the grant of a Licence.

It is clear from Paragraph 12 (3) that grounds for refusal are limited.  The legislation conveys a discretionary power where the applicant himself is unsuitable by reason of having a conviction or for any other reason.  However, as regard this application, the Sub-Committee have been referred to Sub Paragraph (3) (b) which states that an authority may refuse an application on the grounds that if the Licence  ...  view the full minutes text for item 4.