Report of the Service Manager, Public Protection.

A report was presented by the Service Manager, Public Protection that provided Members with information about applications made for the transfer and renewal of a Sexual Entertainment Venue (SEV) licence under the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policing and Crime Act 2009).  The licence application had been made by Asak Leisure Limited in respect of the premises known as La Seduction, Lower Ground Floor, Grand Parade, Leisure Complex, Skegness, PE25 2UN.  The purpose of the report was to assist the Committee in determining the outcome of the licence applications.

The East Lindsey District Council, (ELDC), Licensing Policy stated that SEV applications should be determined by the General Licensing Committee and Members noted that the fact that the application had been presented to Committee was no reflection on the venue itself.

The Principal Licensing Officer outlined the options available to Members, detailed at Page 1, Paragraph 2 of the report presented.  It was highlighted that, if the application was approved, it would be subject to ELDC’s standard conditions for SEV’s.  However, the Legal Advisor had noted a discrepancy between the condition regarding CCTV retention proposed by the applicant for La Seduction and the standard ELDC condition.  The standard SEV licence conditions had been reviewed earlier in 2019 and, if the application presented was approved, the amended licence conditions would be included on the SEV licence for La Seduction.

There were no concerns regarding the location of the venue and no issues had been reported.  The ELDC SEV Licensing Policy stated that private performance areas would not normally be permitted in SEV’s unless officers were confident that there would be no issues for the performers.  Members noted that officers were satisfied with the provisions that were in place for private performance areas, although this should be considered every time the application was reviewed.

In accordance with Paragraph 6.9 of the report presented, (Supplementary Agenda page 8), Mr. Kheng, the applicant’s licensing consultant, had provided proof of the employees of La Seduction’s right to work in the UK and the daily log that was used.  In addition, Members noted that, in accordance with Paragraph 6.10 of the report presented, (Supplementary Agenda page 8), a written copy of the Safety Policy for the venue had been provided for the premises and proposed Condition 26, regarding physical contact, had been re-worded, (Paragraph 6.11 refers, Supplementary Agenda page 9).

The Principal Licensing Officer reminded attendees that, although the licence renewal application fee was currently set at £200, application fees were under review and the fee may have increased when the next licence renewal application was submitted for the venue.

The Chairman thanked the Principal Licensing Officer and invited the Licensing Compliance Officer to provide the Committee with information regarding the compliance visit that he had carried out at the premises.

The Licensing Compliance Officer informed Members that, prior to being asked to carry out the compliance visit, he had been unaware whether the premises had opened yet as he had received no feedback about it.  Local police had been consulted and had confirmed that no issues had been raised with the premises and there were no structural concerns.  Members noted that the only issue that the Licensing Compliance Officer had discovered at the premises during his visit had related to a sign stating that individuals under 18 years of age were not permitted in a certain area.  However, Members were informed that this had now been rectified and individuals under 18 years of age were not permitted in the premises when it was open.  Employees’ right to work in the UK was also being checked by the owners.

It was highlighted that the private booths that were provided at the premises were designed to protect employees and performers and that large panic buttons were in place in the booths.  The Licensing Compliance Officer informed Members that he did not have any concerns regarding the private booths.

The Chairman thanked Mr. Brooks and invited Mr Kheng and Mr. Singh, the applicant and his licensing consultant, to address the Committee.

When addressing the Committee, Mr. Kheng and Mr. Singh highlighted the following information:

·           Mr. Singh was the sole director for La Seduction and Mr. Cresswell was the manager;

·           There were currently 2 SEV licences in East Lindsey, both held by Mr. Singh, although Mr. Singh did not intend to apply to renew the licence for the other venue, known as Desire, when it expired;

·           There had been no issues created by La Seduction since it opened in March 2019;

·           The premises was located in the lower basement of Grand Parade in Skegness and there were currently several floors above it, although more were being added with the aim of creating a destination venue containing a variety of different premises in one building;

·           All premises within Grand Parade employed doormen;

·           Mr. Singh had operated licensed premises in Skegness for approximately 13 years and had invested significantly in the Grand Parade complex;

·           As the premises was located in the basement, there was no opportunity for advertising on the external walls;

·           Customers were checked before entering the Grand Parade complex and were checked again before entering La Seduction;

·           A hatch was in place at the entrance to the premises to enable doormen to view customers before entering customers were informed of the rules of the premises before entering, also;

·           There was CCTV in operation in the private booths, they were open to view and doormen were located close to them;

·           When the panic buttons in the private booths were pressed, high intensity lights flashed to alert doormen;

·           Mr. Singh had received positive feedback from visitors to the premises and considered that the complex would be an exciting development for Skegness;

·           Mr. Singh considered the safety and enjoyment of customers at the premises to be of prime importance.

Mr. Kheng went on to request that the standard condition for CCTV retention for La Seduction be amended to request that CCTV be retained for 28 days, rather 31 as stated at standard condition 29 of ELDC’s standard licence conditions for SEV’s, (Supplementary Agenda page 21).  Members noted that the standard requirement for CCTV retention was normally 28 days and that all other premises in the complex were required to retain their CCTV footage for 28 days.

(The Principal Licensing Officer, Mr. Singh, Mr. Cresswell and Mr. Kheng left at 2.26pm).

Clarification was sought regarding the CCTV retention timescale.  The Legal Advisor confirmed that, although there was no legal issue with setting the CCTV retention schedule at 28 days for La Seduction, the standard ELDC conditions for SEV’s stated that the CCTV retention schedule for SEV’s should be 31 days.

Members considered that no issues had been raised with La Seduction and it was agreed that, if approved, the condition should state that CCTV footage should be retained for 28 days, rather than 31 days.

Further clarification was sought regarding the date and time of the recent compliance inspection at La Seduction.  Members noted that the inspection had taken place on the morning of Wednesday 4 December 2019.  In response to concerns raised regarding the fact that the inspection had been carried out in the morning, Members were assured that future inspections would be carried out when the premises was in operation at a later time.

The Legal Advisor confirmed that regular reviews of the ELDC Licensing Policies were scheduled throughout the year and the CCTV retention condition for SEV premises could be amended when the Policy was next reviewed if Members wished to do so.

Following further discussion, it was proposed and seconded that the transfer and licence renewal applications be granted, including an amendment to standard condition 29, stating that CCTV footage for the premises should be retained for 28 days and that private booths should be permitted.

(The Principal Licensing Officer, Mr. Singh, Mr. Cresswell and Mr. Kheng entered at 2.44pm).

The Legal Advisor read the decision of the Committee to attendees.

RESOLVED

That the transfer and licence renewal applications submitted by Asak Leisure Limited in respect of the SEV licence for La Seduction at the Grand Parade Leisure Complex, Skegness, PE25 2UN, be granted for the statutory period of one year, subject to this Authority’s standard SEV licence conditions – including a varied standard condition 29 stating that CCTV recordings should be kept available for a minimum period of 28 days and the provision of private performing areas at the venue subject to the arrangements, supervision and safety arrangements described in the licence application, detailed in the applicant’s operating schedule and shown on the plan attached to the licence application.

(The Licensing Compliance Officer, Mr. Singh, Mr. Cresswell and Mr. Kheng entered at 2.46pm).