Report-6---Spearmint-Rhino - Bournemouth Borough Council

Licensing Board
Report Subject
Meeting date
Cabinet Portfolio
Application for Renewal of Sexual
Entertainment Venue Licence – Spearmint
Rhino
2 December2014
Planning and Transport
Corporate Lead
Service Director
Status
Classification
Planning, Transport and Regulation
Mike Holmes
Public
For Decision
Key Decision
No
Impacts on Key
Policy Framework
Report author
No
Executive summary
6
Sarah Rogers – Senior Licensing Officer
 01202 454929
 [email protected]
On 25th September 2014 the licensing authority received an
application from Sassy Productions Limited for the renewal
and variation of the conditions of the Sexual Entertainment
Venue Licence (SEV) held at premises known as Spearmint
Rhino, 1 Yelverton Road, Bournemouth, BH1 1DA.
Application is made to enable the premises to provide
relevant entertainment defined in the Local Government
(Miscellaneous Provisions) Act 1982 as “any live performance
or any live display of nudity which is of such a nature that,
ignoring financial gain, it must reasonably be assumed to be
provided solely or principally for the purpose of sexually
stimulating any member of the audience (whether by verbal
or other means)”.
The variation is to add additional conditions as mediated
between the applicant, Dorset Police and the licensing
authority.
A copy of the application and proposed additional conditions
are attached at Appendix 1 and a plan showing the location
of the premises is attached at Appendix 2.
Recommendations Members are asked to decide whether to:
•
•
Grant the application for renewal as made (to include
the proposed additional conditions); or
Refuse the application for renewal on one or more of the
following grounds:(a) that the applicant is unsuitable to hold the licence by
reason of having been convicted of a relevant offence or
for any other reason;
(b) that if the licence were to be granted, renewed or
transferred the business to which is relates would be
managed or carried on for the benefit of a person, other
than the applicant, who would be refused the grant,
renewal or transfer of such a licence if he made the
application himself;
(c) that the number of sex establishments in the
relevant locality at the time of the application is made is
equal to or exceeds the number which the authority
consider is appropriate for that locality;
(d) that the grant or renewal of the licence would be
inappropriate, having regard –
(i) to the character of the relevant locality; or
(ii) to the use to which any premises in the vicinity are
put; or
(iii) to the layout, character or condition of the
premises, vehicle, vessel or stall in respect of which the
application is made.
Reasons for
recommendations
Members of the Licensing Board are asked to make a decision
at the end of the hearing after all relevant parties have been
given the opportunity to speak. Members must give full
reasons for their decision.
The licensing authority have received 15 objections against
the renewal of the SEV licence on grounds (a), (c) and (d)(ii)
above. Copies of the objections are attached at Appendix 3.
Background detail
These premises have had the benefit of a SEV licence since 28th September 2011
following the amendment of Schedule 3 of the Local Government (Miscellaneous
Provisions) Act 1982 to take into account premises providing pole dancing, lap
dancing and nudity before a live audience. A copy of the current SEV licence is
attached as Appendix 4.
Upon receipt of a complaint regarding alleged breaches of the SEV licence the
licensing authority carried out a joint inspection of the premises on 21 June 2014
(00:05hrs) with Dorset Police when a number of conditions were witnessed being
breached namely conditions 28, 29, 30 and 32. CCTV footage was requested and
when viewed further breaches of these conditions were identified.
Following further investigations and formal interviews with the senior management
and applicant Vice President a meeting took place on 14th August 2014 between the
licensing authority and applicant representatives where a number of conditions were
agreed to be offered by the applicant at the time of renewal (see Appendix 1). It
was also agreed to implement these conditions with immediate effect to ensure
there would be no further breaches and an assurance given that there would be
management restructure.
Visits made to the premises on 12th September (Dorset Police), 24th October
(licensing authority and Dorset Police) and 25th October (Dorset Police) have been
made and no further breaches have been witnessed at those times.
Consultation
The application was advertised on site and in the local newspaper as prescribed by
the Act. No objections were received from any other authority.
Options
Before making a decision, Members are asked to consider the following matters:•
•
•
The 15 letters of objection and additional information supplied to objector 11.
The submissions made by or on behalf of Sassy Productions Limited.
Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as
amended by the Policing and Crime Act 2009, the Council’s Policy Statement
and Control of Sex Establishment document containing the special conditions
for sexual entertainment venues.
Summary of financial/resource implications
None
Summary of legal implications
An applicant whose application is refused on either ground specified in (c) or (d) (as
set out in the recommendations above) shall not have the right to appeal.
An appeal made under ground (a) must be made to the Magistrates’ Court at any
time before the expiration of the period of 21 days beginning with the relevant date.
Summary of human resources implications
None
Summary of environmental impact
None
Summary of equalities and diversity impact
None
Summary of risk assessment
None
Background papers
Bournemouth Borough Council’s Sex Establishment Policy and Control of Sex
Establishment documents:http://www.bournemouth.gov.uk/Business/Licensing/Sex-EstablishmentsLicences/Sex-Establishment-Policy-and-Conditions.aspx
Appendices
Appendix
Appendix
Appendix
Appendix
1
2
3
4
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–
–
–
Application form and proposed additional conditions
Location plan
Objections (1 – 15)
Current Sexual Entertainment Venue Licence
Appendix 1
Appendix 2
Appendix 3
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Additional Evidence - Objector 11
Appendix 4