Agenda and minutes

To seek nominations for the election of Chair for this sub-committee meeting.

It was proposed, seconded and

RESOLVED:

That Councillor Carol Bull be elected Chair for this Sub-Committee meeting.

Apologies for absence were received from Councillor Marilyn Sayer.

Any member who is substituting for another member should so indicate, together with the name of the relevant absent member.

The following substitution was declared:

Councillor Pat Hanlon substituting for Councillor Marilyn Sayer

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.

There were no declarations of interest made.

Report No: LSC/WS/24/001

The Lawyer (Regulatory and Information Governance) 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:

Applicant

i.             Gokul Swani (Applicant/Director, Newmarket Entertainment Limited, 109 High Street, Newmarket)

ii.            Gary Grant (Barrister representing the applicant)

iii.           Mike Hayward (Solicitor representing the applicant)

iv.          Christopher Kenningham (Trainee Solicitor representing the applicant)

Witnesses for the applicant

v.            Kyla Clarke

vi.          Becky Hall

vii.         Bruno Tavares

viii.        Luke Watson

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 No LSC/WS/24/001.

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

One representation had been received following the advertisement and consultation held on this application from Newmarket Town Council, this was attached at Appendix C.

The Sub-Committee then heard the individual submissions from the parties present.

Speaking on behalf of the applicant, Gary Grant (Barrister) drew attention to the following:

·         That Heaven had held an SEV licence since October 2012 and every year since then it had been renewed for another year. No significant changes had been made to the application since then.

·         That only one objection had been received, and notably that none had been received from any responsible authority or business. Furthermore, the content of the representation from Newmarket Town Council largely centred on moral grounds which was irrelevant to the determination of the application.

·         Responding to specific elements of the Town Council’s objection it was stated that:

o   Children were highly unlikely to walk past the premises when it was open from 9pm and the Memorial Gardens Play Area was closed prior to the opening hours of the venue.

o   The adjacent property had largely been in residential use for many decades.  

·         That the entrance and fascia to the venue was very discrete with no advertising provided.

·         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, restaurants and taxi operators in the locality  ...  view the full minutes text for item 69.