Agenda and draft minutes

There were no apologies for absence.

There were no substitutes at the meeting.

It was unanimously

          RESOLVED:

          That Councillor David Bimson be elected as Chairman.

Report No: LSC/FH/15/004

(a)         Application for the Renewal of a Sex Establishment Licence (Sexual Entertainment Venue) in Respect of Heaven Awaits Ltd, 109-111 High Street, Newmarket

The Lawyer welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to the Panel were made by the Chairman.

The Lawyer outlined the procedure for the conduct of Sex Establishment Licensing Hearings which was attached within Appendix 2 of Report No LSC/FH/15/004.

The following parties were present at the Hearing:

(a)     Applicant

(i)      Mr Mitchell Clarke, Director, Heaven Awaits Ltd, 109-111 High Street, Newmarket

(ii)     Mr Jason Newell, Director, Heaven Awaits Ltd, 109-111 High Street, Newmarket

(b)     Interested Parties

          (i)      Mrs Sara Beckett, local resident

          (ii)     Councillor Rachel Hood, Newmarket Town Council

The Licensing Officer presented the report which explained that an application had been received for the renewal of a Sex Establishment Licence for the Sexual Entertainment Venue Heaven Awaits Ltd, 109-111 High Street, Newmarket.  The premises had been trading since April 2006 and had held a Sexual Entertainment Venue licence since 1 October 2012.  A copy of the application was attached at Appendix 1.

The application was to licence the premises for use as a sexual entertainment venue during the following hours (as per the current premises licence with no proposed changes):-

Monday to Wednesday:  10.00am to 02.00am

Thursday to Saturday:    10.00am to 03.20am

Sunday:                         12.00pm to 03.00am

The application had been served on Suffolk Constabulary as the only statutory consultee; their representation was attached at Appendix 3 and contained no objection to the renewal of the licence.

Following advertisement of the application three representations had been received from interested parties objecting to the application and these were attached at Appendices 4 to 6. 

The Officer explained that in addition to the consideration of the renewal application the Committee was also requested to again consider the premises signage.  The current and main external sign did not comply with the Council’s standard conditions for sex establishments; in that the sign was larger than permitted.  A dispensation had been granted by the Council as part of the licence’s renewal in January 2015 and the applicant was again requesting this dispensation as part of the application before the Committee.

The Committee then heard the individual submissions from each of the parties present.

Mr Jason Newell (Applicant) advised the Committee that Heaven had been successfully trading since 2006 and that the application before them was simply seeking approval for the times as granted in January 2015, with no changes.  

Councillor Rachel Hood, on behalf of Newmarket Town Council, then addressed the meeting in relation to the Town Council’s representation set out at Appendix 4. She stressed that Licensing Authorities were entitled to come to a different decision to that which was made before when considering annual renewals for sex establishments, and as such the application should be viewed afresh.

Attention was drawn to the District Council’s Sex Establishment Licensing Policy, which stated that:

“6.3   The Council would not normally grant a licence where any premises within the vicinity are used for the following:

(a)     school;

(b)     place of worship;

(c)  ...  view the full minutes text for item 16.