5 Walker`s Court W1 PDF 3 MB - Useful information

Licensing Sub-Committee Report
Date:
Subject:
31st July 2014
Application for a New Sex Establishment (Sex Shop)
Licence under the Local Government (Miscellaneous
Provisions) Act 1982 for Adult World, 5 Walker’s Court,
London, W1F 0BT
Summary
To consider and determine the application made by Mr Stephen Squire of
Jonesboro Publications Ltd for a new Sex Establishment (Sex Shop) Licence
under the Local Government (Miscellaneous Provisions) Act 1982.
Options for Members
After considering the application and the submissions from the applicant and
the objectors in accordance with Schedule 3 paragraphs 8 and 12 of the Local
Government (Miscellaneous Provisions) Act 1982 the Licensing Sub
Committee can either:
1) grant the application (subject to such term, conditions or restrictions that
may be specified)
2) refuse the application
Author – Steve Rowe
Contact 020 7641 7825
City of Westminster
Licensing Sub-Committee
Report
Item No:
Date:
Licensing Ref No:
Title of Report:
Report of:
Wards involved:
Policy context:
Financial summary:
31st July 2014
14/03104/LISEXN
Application for a New Sex Establishment (Sex Shop)
Licence under the Local Government (Miscellaneous
Provisions) Act 1982 for Adult World, 5 Walker’s
Court, London, W1F 0BT
Operational Director of Premises Management
West End
City of Westminster Sex Establishment Policy
None
Report Author:
Steve Rowe – Environmental Health Case Officer
(Licensing)
Contact details
Tel: 020 7641 7825
E-mail: [email protected]
1.
Background Information
1.1
On 8th April 2014 an application was received for a new sex establishment (Sex
Shop) at Adult World, 5 Walker’s Court, London, W1F 0BT. The application has
been made under paragraph 6 (1) of Schedule 3 of the Local Government
(Miscellaneous Provisions) Act 1982. A copy of the application form is attached
to this report at Appendix A1.
1.2
The premises have applied to permit R18 videos, sex publications and sex toys
in the ground floor only. The basement of the premises will be used for storage
purposes only.
1.3
The premises consists of a basement, ground, first and second floors. The first
and second floors are currently licensed to allow special treatments namely
tattooing. The premises is situated within the soho locality for the purposes of the
councils policy relating to sex establishments (see section 6 of the report).
1.4
The ground and basement floors of the premises have operated as different
businesses but mainly as unlicensed sex shops.
2.
Premises in the Vicinity
2.1
Located in the middle of Soho, Walker’s Court links Peter Street to the north with
Brewer Street in the south. Due to a major planned redevelopment Walkers
Court currently has a number of vacant and unused premises but in spite of this
the sex shops during the day and the night clubs in the evening ensure the Court
is still busy with visitors all day long.
2.2
There are 14 faith groups located within a 500 metre radius from this premises.
The nearest place of religious worship is The City Gates Church, Soho (Ichthus).
This church is located within 100 metres of the premises.
2.3
There is 1 school within 500 metres of the premises from this premises. The
Soho Parish CE Primary School is the nearest school to the premises. This
school is located within 100 metres from the premises.
2.4
There are 11 licensed sex shops premises within a 500 metre radius of these
premises (see Appendix C).
3.
Consultation
3.1 The application was advertised in accordance with paragraph 10 (8, 9 and 10) of
Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 both on
the premises and in the local press. The 7 (local press) and 21 (premises) day
consultation period started from the date the application was received.
3.2 Local residents and businesses within a 30 metre radius of the proposed premises
were written to outlining the application and how they can make representations to
the Authority within the statutory period.
3.3 Letters were also sent to each of the Ward Councillors who’s Wards are subject to
these applications advising them of the application.
4.
Objections
4.1
The application has received 4 objections, two of which are anonymous the other
two are from the Council’s Environmental Health Service and the District
Surveyors Service.
4.2
On the 3rd June 2014 the Environmental Health Service objected to the
application. A copy of this objection is attached to this report at Appendix B1. The
main points of the objection are:
4.2.1 The premises will need to refurbish the basement toilet and provide
emergency lighting/escape signage.
4.2.2 The installation of CCTV should be considered due to the location of the
premises and the nature of the proposed retail goods.
4.3
On the 10th June 2014 the District Surveyor objected to the application. A copy of
this objection is attached to this report at Appendix B2. The main point of the
objection is:
4.3.1 Until the works required have been completed an objection is raised to the
application.
4.4
A works condition has been requested by both the Environmental Health Officer
and District Surveyor which states:
‘This Licence has no effect until the premises have been refurbished to the
satisfaction of the Environmental Health Service and this condition has
been removed’.
4.5
On the 24th April 2014 an objection was received. A copy of this objection is
attached to this report at Appendix B3. The main points of the objection are:
4.5.1 The area around Walker’s Court has become a haven for drug dealers
and thieves. People are afraid to be in the area and not just at night.
4.5.2 It was hoped that the redevelopment of the area by Soho Estates that
things might improve for the better but a premises such as this one will be
detrimental to the area.
4.6
On the 1st May 2014 an objection was received. A copy of this objection is
attached to this report at Appendix B4. The main points of the objection are:
4.6.1 The premises have been operating as an illegal sex shop for some time.
Therefore as the applicant has been operating illegally they should
automatically be disqualified from obtaining a licence.
4.6.2 There is a saturation of sex shops in the area. Sex shops should be
closed down not legitimatizing them.
4.6.3 This is a mixed community with lots of families and children. There is a
school in Great Windmill Street, a pre-school and nursery in Brewer
Street, a community church in Green’s Court and a mosque in Berwick
Street.
4.7
As permitted by paragraph 10(17) of Schedule 3 to the Act the objectors
mentioned in 4.5 and 4.6 above are anonymous to the applicant. At the time of
publishing the report neither objector had waived their right to anonymity.
5.
Applicant Submission
5.1
When the application was received on 8th April 2014 it was accompanied by the
lease agreement (Appendix A2), a location plan of the premises (Appendix A3), a
photograph of the premises (Appendix A4) a copy of the Limited Companies
registration with Companies House (Appendix A5) and a copy of the front
elevation of the premises (Appendix A6).
5.2
At the time of publishing the report the applicant has not agreed the works
condition requested by the Environmental Health Officer and the District
Surveyor.
6.
POLICY CONSIDERATIONS
6.1
On 15 June 1999 the Planning and Transportation Committee decided that, for
the purposes of licensing sex establishments under the provisions of Schedule 3
to the Local Government (Miscellaneous Provisions) Act 1982, one of the
relevant locations should be Soho and that the appropriate maximum number of
sex establishments within that locality should be 16.
6.2
Within the Soho locality, as defined, there are currently 11 licensed sex
establishments all of which are sex shops. These are:
Licence Holder:
Premises Name:
Address:
Mr David Raymond Edwards
Clone Zone
35 Old Compton Street
Harmony Limited
Harmony Adult Centre
4-4A Walker's Court
Harmony Limited
Harmony Adult Centre
103A Oxford Street
Mr Timothy Martin Hemming
Simply Pleasure.Com
31 Brewer Street
Heart Of Soho Ltd
Prowler Soho
5-7 Brewer Street
Mr James Alan Poulton
Soho Original Bookshop
12 Brewer Street
Swish Publications Ltd
Super Mags
33 Brewer Street
Mr James Alan Poulton
Soho Original Bookshop
121-125 Charing Cross Road
Harmony Ltd
Lovejoys
99A Charing Cross Road
Anteros Europe Lid
British Sex Shop
8 Green's Court
Simply Pleasure Ltd
Fifty And Dean
50 Old Compton Street
6.3
It should be noted that the Council’s policy for maximum number of sex
establishment premises in a locality may be exceeded at the discretion of
Committee Members.
6.4
The Council’s policy states that there should be a general policy presumption
against permitting further sex-related activities in the following circumstances
irrespective of locality:
(a) adjacent to, or in the vicinity of schools
(b) adjacent to, or in the vicinity of places of worship
(c) adjacent to, or in the vicinity of community facilities or public buildings
6.5
The proposed hours of operation (Monday to Sunday 10:00 – 23:00) are within
the hours set out in the Standard Conditions for Sex Establishments (Monday to
Sunday 09:00 – 23:00).
7.
OPTIONS
7.1
To Grant with/without amendment to hours and subject to the standard
conditions for Sex Establishments and any other additional special conditions
which the Licensing Sub-Committee deem appropriate.
If granted the licence shall remain in force for one year from the date of grant or
for such shorter period specified in the licence as the appropriate authority may
think fit (Schedule 3 paragraph 9 (1)).
OR
7.2
To Refuse. Please refer to the possible grounds for refusal set out in the next
section.
8.
GROUNDS FOR REFUSAL
8.1
The Local Government (Miscellaneous Provisions) Act 1982 Schedule 3
paragraph 12 (1) states that a licence shall not be granted:
a)
b)
c)
to a person under the age of 18; or
to a person who is for the time being disqualified under paragraph
17(3) below; or
to a person, other than a body corporate, who is not resident in the
United Kingdom or was not so resident throughout the period of six
d)
e)
months immediately preceding the date when the application was
made; or
to a body corporate which is not incorporated in the United Kingdom;
or
to a person who has, within a period of 12 months immediately
preceding the date when the application was made, been refused the
grant or renewal of a licence for the premises, vehicle, vessel or stall
in respect of which the application is made, unless the refusal has
been reversed on appeal.
8.2
The Local Government (Miscellaneous Provisions) Act 1982 Schedule 3
paragraph 12 (3) states that the appropriate authority may refuse an application
for the grant of a licence on the ground that the grant would be inappropriate
having regard to:
a) That the applicant is unsuitable to hold the licence by reason of having
been convicted of an offence or for any other reason.
b) That if the licence were granted, renewed or transferred the business to
which it relates would be managed by 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 the application is made is equal to or exceeds the number which
the authority considers 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.
In this paragraph ‘the relevant locality’ means;
(a) in relation to the premises, the locality where they are situated.
9.
RIGHTS OF APPEAL
9.1
The Local Government (Miscellaneous Provisions) Act 1982 Schedule 3
paragraph 27(3) states that an applicant whose application for the grant of a
licence is refused on the ground specified in paragraph 12 (3) (c) and (d) shall
not have the right to appeal under this paragraph. However, members should
note that their decision is subject to Judicial Review. An applicant whose
application for the grant of a licence is refused on the ground specified in
paragraph 12 (3) (a) and (b) does have the right to appeal to the Magistrates
Court.
10. Appendices
10.1 Appendix A1 – Application form
Appendix A2 – Lease agreement
Appendix A3 – Location Plan
Appendix A4 – Photograph of the Premises
Appendix A5 – Companies House Certificate
Appendix A6 – Plan of the front elevation at the premises
Appendix B1 – Environmental Health objection
Appendix B2 – District Surveyor objection
Appendix B3 – Anonymous objection
Appendix B4 – Anonymous objection
Appendix C – Map of licensed sex shops, schools and faith groups within a 500
metre radius of the premises
If you have any queries about this report or wish to inspect one of the
background papers please contact Steve Rowe on 020 7641 7825 or email
[email protected].
Background Papers
Local Government (Miscellaneous Provisions) Act 1982
City of Westminster Sex Establishment Policy
Rules of Procedure for Sex Establishment Premises
Appendix A1
Appendix A2
Appendix A3
Appendix A4
Appendix A5
Appendix A6
Appendix B1
CITY OF WESTMINSTER
TO
Licensing Officer
REFERENCE
14/03104/LISEXN
FROM
REFERENCE
BEING DEALT WITH BY
TELEPHONE
DATE
EH Consultation Team
MEMORANDUM
Ian Watson
020 7641 3183
3rd June 2014
Adult World, 5 Walkers Court, W1
Reference is made to the application for a new sex establishment licence for the above
premises.
The applicant has stated that the superior landlord for the premises is Soho Estates Ltd
which I believe to be incorrect. Soho Estates are currently in the process of
developing/refurbishing those parts of Walkers Court under their ownership and this
address does not form part of that development.
The application is for trading Sunday to Saturday 10.00 to 23.00 hours from the Ground
Floor only.
A visit has been made to the premises to assess suitability and compliance with current
legislation. The premises will need to refurbish the basement toilet and provide
emergency lighting/escape signage.
The installation of CCTV should also be considered by the applicant due to the location
of the premises and the nature of the proposed retail goods.
If a licence is considered for approval then the following works condition is requested to
be added to any Licence stating ‘This Licence has no effect until the premises have
been refurbished to the satisfaction of the Environmental Health Service and this
condition has been removed’.
If further information is required please do not hesitate to contact me.
Ian Watson
Senior Practitioner Environmental Health (Licensing)
Appendix B2
From:
To:
Cc:
Subject:
Date:
Wilson, Jenny
O"Leary, Darren
General Licensing
FW: MST OBJ MEMO 14/03104/lisex 14/04066/LIMSTN
10 June 2014 13:31:57
5, WALKERS COURT, W.1 - 14/03104/LISEX
BEAMONT HOTEL, 94- 96, BALCOMBE STREET, W.1 - 14/04066/LIMSTN
UNTIL THE WORKS REQUIRED BY THE COUNCIL HAVE BEEN COMPLETED.
WE WISH TO OBJECT TO THE GRANT OF THE ABOVE MENTIONED APPLICATIONS.
THIS DOES NOT INCLUDE THE LONDON FIRE BRIGADE AND THE
ENVIRONMENTAL HEALTH OFFICER.
JENNIFER WILSON
LICENSING SURVEYOR
Appendix B3
24.04.2014.
Your Ref. 14/03104/LISEXN
Adult World. 5 Walkers Court. London. W1F 0BT.
Dear Sir/Madam.
With reference to the application for a New Premises Licence for the above premises, I feel very
strongly that this should be withheld. I have lived and worked in Soho for 35 years and have
seen the area change many times. The last couple of years the area around Walkers Court has
become a haven for drug dealers and thieves. I, and many others, are afraid to be in the area
and this is not just at night. I had hoped that with the redevelopment of the area by Soho
Estates, that things might improve for the better. I visited the exhibition on their proposals for
the area around Walkers Court and was impressed with the way that, in my opinion, the feel for
the past is complimented by the new.
I have no problem with the sex industry as such but think that premises such as the one in
question are to the detriment of the area. The sooner the lower end of this trade is removed
the better.
Yours faithfully.
Appendix B4
Comments for Licensing Application 14/03104/LISEXN
Application Summary
Application Number: 14/03104/LISEXN
Address: 5 Walker's Court London W1F 0BT
Proposal: New Sex Establishment
Case Officer: Mr Steve Rowe
Customer Details
Name: Mr Kenneth White
Address: 15, St.James Residence, Brewer Street London
Comment Details
Commenter Type: Neighbour
Stance: Customer objects to the Licensing Application
Comment Reasons:
Comment:10:19 AM on 01 May 2014 I object to this application for the following reasons:
As this is a new application for a new licence then presumably, as 'Adult World' has been
operating as a sex shop for some time, the premises has been operating without a licence. If this
is so, then the owners and the applicants have been operating illegally, As far as I can see this is a
criminal offence, and one that the applicant freely admits by applying for a licence. I would have
thought that this automatically disqualifies the application.
There is a saturation of sex shops in the area, which leads to a general atmosphere of sleaze. I
thought the we were trying to improve the area not bring it down. We should be closing these
places down, not legitimizing them. There is a well proven link between the sex industry and
crime. Let us not add too it.
Westminster Council has a stated aim of closing unlicensed sex shops. Am I the only one who
sees the irony (wrongness) in achieving that end by licensing the unlicensed.
This is a mixed community with lots of families and children. Let us not put our children in danger
of the corrupting effects of pornography. I am sure most of our councilors would not welcome such
a premises on their doorsteps.
There is a school in Great Windmill Street, pre-school play group and nursary in Brewer St, a
community church in Greens Court and a mosque in Berwick Street.
Ken White
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at R
ms
th b
Ra
wm
e
ee
d Str
ce
lac
Gre
t
t
n
Po la
Pl a
il
Ram
e
Pl a c
Ram
t
A
tle
Lit
ee
S tr
Plac
e
Stre
Great Chapel Street Medical
- Homeless
t
t Stre e
c
ll
rgy
er s
er s
t
Stree
s
Hill
Stree t
lies
yP
wa
w
Han
French Protestant Church
Peter Stringfellow's Angels Soho
R eg en
Prin
t
t r ee
es S
Ne
n
Be r
n
Be r
e
Stre
ce
et Pla
Ma r k
Oxfo rd
n
Ha
et
sley
t
tland
et
Stre
et
Stre
Win
Stree
t Por
stle
t Ca
t
lls
We
hfield
Grea
Grea
e
Stre
Welsh Baptist Church
t Titc
et
castle
East
Grea
Stre
St Margaret
London Fo Guang Shan Temple
tre
re e
ll St
o
Blo
International Buddhist Progress Society (UK) (IBPS, UK)
are t
Ma r g
se
S
s
e et
d S tr
Gr
es
M ew
lan
Por t
Little
All Saints Church
er s
e
Fashion Retail Academy - Further Education
n
Be r
tim
Mor
ee t
r S tr
r
St
an
d
an
50
100 Metres
d
Map produced by Corporate GIS Team
Date: July 2014 Ref: 818
© Crown copyright and database rights Ordnance Survey
LA100019597, 2014. Not to be reproduced without
permission of Ordnance Survey.