Agenda item

To consider and determine an Application for a Sexual Entertainment Venue – Venom Nightclub, Quartermaster Road, West Wilts, Trading Estate, Westbury made by Mr Barrie White.  The report of the Public Protection Officer (Licensing) is attached.

Application by Mr Barrie White for a Sexual Entertainment Venue in respect of Venom Nightclub, Quartermaster Road, West Wilts Trading Estate, Westbury

 

Licensing Officer’s Submission

 

The Sub Committee gave consideration to a report (circulated with the Agenda) in which determination was sought for an application for a Sexual Entertainment Venue presented by Emma Hyde (Public Protection Officer – Licensing).  The application was for the following licensable activities:

 

·         To provide the following forms of ‘relevant entertainment’ – lap dancing, stage strip-tease and strip shows with full nudity on Wednesday -Saturday from 21:00 to 06:00.

 

In accordancewith Section 6 of the of Wiltshire Councils Sex Establishment policy, all applications for the grant of a new licence will be determined by the Licensing Committee or a Licensing Sub Committee, irrespective of whether objections are received.

 

The Licensing Sub Committee is required to take suchsteps listedbelow as it considers necessary. In consideringthe application, the Sub Committee must alsohave regard to relevant Government guidance and the Council’s Sex Establishment Policy.

 

Such steps are:

 

1.    Grant the application for a sexual entertainment licence in accordance with the application

2.    Grant the application for a sexual entertainment licence subject to additional and/or varied conditions

3.    Reject the application for a sexual entertainment licence.

 

The Sub Committee were advised that any conditionsthatareimposedmustbe non-discriminatory,necessaryand proportionate.  Theyshouldnotduplicateorcontradictany conditions that appearon the licenceissuedundertheLicensingAct2003.

 

Under Local Government (Miscellaneous Provisions) Act 1982 Schedule 3 a premise can hold entertainment nights without a licence, providing that they do not exceed one a month. The Venom Nightclub had been operating similar nights to that applied for on an infrequent basis for over 22 years. To date Wiltshire Council had not received any complaints.

 

No Responsible Authority has made a representation in connection with this application. 

 

It should be noted that hereisno rightofappealagainsta refusaltogranta licenceforthe reasonsidentified in paragraph 9.38 or9.39of the hearing report.  The Applicant may appeal refusalon anyothergroundsto theMagistratesCourt.

 

The following parties attended the hearing and took part in it:

 

On behalf of the Applicant

·         Mr Barrie White

 

The Chair invited the Applicant to introduce their application.

 

Applicant’s submission

 

The Applicant (Barrie White) spoke in support of the application, highlighting the following points:

 

·         The Applicant had been running these types of adult entertainment events for 22 years and in that time, there had been no cause for any Police involvement, nor had there been any complaints from the entertainers or customers of his premises;

 

·         Previously the Applicant had been able to host up to one such event per calendar month without the need for a separate licence and he now wished for the ability to host these events more frequently in order to recover from being closed during the prolonged period due to Covid;

 

·         The Applicant had previously hosted these events to raise money for local charities and had hosted gentleman’s evenings where they would
have cabaret stage shows and then dancers available for lap dances etc. The Applicant had been a member of the local community since 1996 and highlighted that no representations from any responsible authorities or members of the public had been submitted.

 

Sub Committee Member’s questions

 

In response to Members questions the following points of clarification were given by the Applicant:

 

·         In response to a question about the health and safety/wellbeing of performers, the Applicant referred the Sub Committee to the Entertainers, Dancers and Performers Welfare Policy which had been circulated with the Agenda and reported that they were all aged over 18 and that he knew most of them personally and that they had their own vehicles to get home and if they were stuck for any reason at the end of a shift in the early hours then he would make arrangements for them to get home safely;

 

·         In response to a question about the planned promotion of the more frequent events to be held at the premises and the appropriateness of the advertising, the Applicant reported that he did not put up banners or posters outside of the premises or in nearby areas and that the events were promoted by word of mouth and through the links that he had with the Chambers of Commerce and other business/sports clubs that attend the events.  Promotion was through direct contact and appropriate social media advertising;

 

·         In response to a question of the working hours and amenities of the performers the Applicant confirmed that they were all self-employed and made themselves available for the shifts that they wanted to work.  There was a lounge and changing areas available as well as refreshments available for the performers.  Lap dancers would generally only work for 2 hours during the 9 hour opening period of the premises;

 

·         In response to a query about pole dancing not being selected on the application form, the Applicant confirmed that as the pole dancers are clothed this was not required for the sexual entertainment licence and was already permitted under the current Premises Licence.

 

The Applicant showed a plan of the premises at the meeting and highlighted the performers green room area, changing area and facilities and that there was a separate entrance/exit and parking area for performers.  None of the booths were enclosed and were in the slight line of the security.  Patrons could also view the shows from the balcony on the first floor.

 

There were no representatives of Responsible Authorities present.

 

Applicant’s closing submission

 

In their closing submission, the Applicant highlighted the following:

 

·         The premises had been used as a nightclub in the location for a long time and had always been run responsibly.  The Applicant was a father himself and lived in the area and would not do anything to bring problems into the area where he was a member of the community.  He was pleased to be able to report that the public like the events they provide and that there had been no complaints or issues from the public or the local community.

 

Points of Clarification Requested by the Sub Committee

 

No points of clarification of the Applicant’s final submission were requested by the Sub Committee.

 

The Sub Committee then adjourned at 11.05am and retired with the Senior Solicitor and the Democratic Services Officer to consider their determination on the application.

 

The Hearing reconvened at 11.30am.

 

The Senior Solicitor advised that she gave the following legal advice to the Sub Committee

·         Brief advice on the review process of a licence for a Sexual Entertainment licence.

Decision:

 

The Western Area Licensing Sub Committee RESOLVED to GRANT the application for a Sexual Entertainment licence (for the standard period of 12 months) in respect of Venom Nightclub, Quartermaster Road, West Wilts Trading Estate, Westbury to provide the following forms of ‘relevant entertainment’:-

 

• Lap dancing, stage striptease and strip shows with full nudity. 

 

The days/hours granted are as follows:

 

Day	Hours
Monday Tuesday Wednesday Thursday Friday Saturday Sunday	Closed Closed 21:00 to 06:00 21:00 to 06:00 21:00 to 06:00 21:00 to 06:00 Closed

 

And subject to the standard conditions for Sexual Entertainment Venues (attached as Appendix 1 to the Decision Notice).

 

Reasons

 

The Sub Committee heard evidence from the Applicant and viewed the internal plan submitted to the Sub Committee by the Applicant and were satisfied that the Applicant was a fit and proper person to hold a licence, that the location of the premises was appropriate and not in an inappropriate proximity to the prescribed locations.

 

In reaching their decision the Sub Committee took into account the relevant provisions of the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Policing and Crime Act 2009, the Home Office Guidance on Sexual Entertainment Venues in particular paragraphs 4.19 to 4.21, (relating to the human rights issues to be considered when determining applications) and the Council’s Sex Establishment Licensing Policy and the submissions made by the Applicant, Barrie White.

 

Right to Appeal

 

Refusal on any other grounds can be appealed to the Magistrates Court within 21 days of notification of the decision.  A Responsible Authority or an Interested Party may apply to the Licensing Authority for a Review of a Sexual Entertainment Licence.