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:
a. Applicant
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, ...
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