Report of the Head of Legal, HR and Democratic Services detailing an application for grant of a sexual entertainment venue licence in respect of Isis, 188 Above Bar Street, Southampton, attached.
Additional documents:
Minutes:
The Sub-Committee considered the application for a Sexual Entertainment Venue licence in respect of Isis, Above Bar Street. (Copy of the report circulated with the agenda and appended to the signed minutes). The application being a matter adjourned by the same Sub-Committee, at a previous hearing dated 17 October 2013.
The Sub-Committee moved into confidential session to view the full extend of the CCTV evidence disclosed by the Police in accordance with Categories 1 and 2 of Paragraph 10.4 of the Council’s Access to Information Procedure Rules.
The Sub-Committee considered the decision in private session in order to receive legal advice when determining issues.
RESOLVED that the application for a Sexual Entertainment Venue licence be refused.
After private deliberation the Sub-Committee reconvened and the Chair read the following decision with reasons:-
All parties will receive written confirmation of the decision and reasons.
The Sub-Committee has considered very carefully the application for a sexual entertainment venue licence in respect of Isis, 188 Above Bar Street. It has given due regard to the Local Government (Miscellaneous Provisions) Act 1982, statutory guidance, Crime and Disorder Act 1998 and Human Rights legislation.
The Sub Committee considered representations, both written and given orally on 17 October 2013, as well as additional CCTV evidence disclosed by the Police to the applicant and the Council in advance of the hearing.
The Sub-Committee has considered very carefully all of the evidence and the application and has determined to refuse the licence. The licence is refused on the following grounds:
(i) on the basis that the applicant is unsuitable to hold the licence for “any other reason”;
(ii) a grant of the licence would be inappropriate having regard to the layout, character or condition of the premises.
REASONS
The Sub-Committee carefully considered the representations of both the Police and the applicant. It was noted that the applicant stressed the following points:
The Sub-Committee adjourned in order to view the full extent of the CCTV evidence following dispute between the parties at the hearing on 17 October in relation to what that evidence showed. Having viewed the evidence in full, and in higher resolution on a smaller screen, the Sub-Committee finds as ... view the full minutes text for item 11
Report of the Head of Legal, HR and Democratic Services detailing an application for grant of a sexual entertainment venue licence in respect of Isis, 188 Above Bar Street, Southampton, attached.
Additional documents:
Minutes:
The Sub-Committee considered the application for a Sexual Entertainment Venue licence in respect of Isis, 188 Above Bar Street, Southampton. (Copy of the report circulated with the agenda and appended to the signed minutes).
Mr Gill (Applicant / Manager), Mrs Gill (Owner), Miss Helmi (Barrister), Ms Baillie (Floor Supervisor, Isis) and PC Conway (Hampshire Constabulary) were present and with the consent of the Chair, addressed the meeting.
The Sub-Committee moved into confidential session to view two clips of CCTV evidence disclosed by the Police in accordance with Categories 1 and 2 of Paragraph 10.4 of the Council’s Access to Information Procedure Rules.
One clip of the CCTV evidence showed a particular incident which had been reported to the Police by Isis. The second clip showed a number of dances at the club. There was a dispute between the parties regarding what the remaining (not viewed) evidence showed in relation to other dancers and whether there were further breaches of the dancers’ Code of Conduct and conditions. The police confirmed the CCTV evidence had been disclosed, in full, to the applicant and the Council in advance of the hearing with an indication that the intention was to rely upon that evidence at the hearing.
RESOLVED
(i) that the meeting be adjourned in order for the Sub-Committee to view the CCTV evidence, in full, in private session to determine whether other dancers at the premises were in breach of the Code of Conduct and conditions;
(ii) that a decision would be made by the Sub-Committee in private session following the viewing of the CCTV evidence in order to receive legal advice when determining the issue.