Venue: Conference Chamber West, West Suffolk House, Western Way, Bury St Edmunds, IP33 3YU
Contact: Helen Hardinge: Democratic Services Officer Email: email@example.com
Note: **This meeting was postponed from 6 September 2022**
Election of Chair
To seek nominations for the election of Chair for this sub-committee meeting.
It was proposed, seconded and
That Councillor Pat Hanlon be elected Chair for this sub-committee meeting.
Apologies for absence
No apologies for absence were received.
Any member who is substituting for another member should so indicate, together with the name of the relevant absent member.
No substitutions were declared.
Declarations of interest
Members are reminded of their responsibility to declare any pecuniary or local non pecuniary interest which they have in any item of business on the agenda, no later than when that item is reached and, when appropriate, to leave the meeting prior to discussion and voting on the item.
Members’ declarations of interest are recorded under the item to which the declaration relates.
Report No: LSC/WS/22/013
The Lawyer (Litigation/Licensing) welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to all parties were made. He also drew attention to the procedure for the conduct of the Hearing as attached to the agenda.
The following parties were present at the Hearing:
i. Gokul Swani (applicant/Director, Newmarket Entertainment Limited, 109 High Street, Newmarket)
ii. Gary Grant (barrister representing the applicant)
iii. Emily Harvard (solicitor representing the applicant)
Witnesses for the applicant
iv. Kyla Clarke
v. Shani Cooper
vi. Michelle Easterbrook
vii. Becky Hall
viii. Takisha Mulvey
ix. Bruno Tavares
x. Luke Watson
b. Interested parties
i. Councillor Rachel Hood, representative of Newmarket Town Council
ii. Sara Beckett, third party representative
Prior to the start of the Hearing, the applicant had agreed for a paper providing ‘a brief introduction to the historical importance of Newmarket High Street’ submitted by Councillor Hood on behalf of Newmarket Town Council, to be circulated to the Sub-Committee.
The Food Safety and Licensing Manager presented the report which explained that an application had been received from Newmarket Entertainment Limited for the renewal of a sex establishment licence for the sexual entertainment venue, Heaven, 109 High Street, Newmarket. The premises had been trading since April 2006 and had held a Sexual Entertainment Venue (SEV) licence since 1 October 2012. Any SEV licence granted was held for a period of one year and was renewable annually. A copy of the application was attached at Appendix A to Report number: LSC/WS/22/013.
The application was to licence the premises for use as a sexual entertainment venue during the following hours, which were in accordance with the current premises licence granted under the Licensing Act 2003. No changes had been proposed:
Monday to Wednesday: 7.00pm to 02.00am
Thursday to Saturday: 7.00pm to 03.20am
Sunday: 7.00pm to 03.00am
The Sub-Committee noted that the Cumulative Impact Policy, mentioned in the objection from Newmarket Town Council, should only be considered in relation to applications made under the Licensing Act 2003 and was not applicable for this renewal, which was to be considered under different legislation, as detailed in the report.
Four representations had been received following the advertisement and consultation held on this application, one from Newmarket Town Council and three others from third parties, and these were attached to the report.
Following the publication of the agenda and report for the Hearing, a supplementary document pack had been received from the applicant and this had been subsequently distributed and published prior to the Hearing for consideration by the Sub-Committee.
The Sub-Committee then heard the individual submissions from each of the parties present.
Speaking on behalf of the applicant, Gary Grant (barrister) drew attention to the following:
· That the venue, which offered a lawful form of adult entertainment, attracted a significant number of customers (both local and visitors from outside Newmarket) per year and was an integral contributor to the night-time economy of Newmarket. Many other businesses such as the adjoining nightclub, pubs, ... view the full minutes text for item 26.