Agenda and minutes

At a predetermined point during the consideration of all items the Sub-Committee may move into private session in order to receive legal advice when determining issues. The press and the public, unless otherwise excluded by Category 4 of paragraph 10.4 of the Council's Access to Information Procedure Rules, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.

(i)  RESOLVED that in accordance with the Council’s Constitution, specifically the Access to Information Procedure Rules, the press and public be excluded from the meeting in respect of the viewing of CCTV evidence disclosed by the Police in relation to Item 11 based on Categories 1 and 2 of paragraph 10.4 of the said Rules. 

(ii)  RESOLVED that the Sub-Committee may move into private session in order to receive legal advice when determining issues.  The press and public, unless otherwise excluded by paragraph 10.4 of the Council’s Access to Information Procedure Rules, will be invited to return immediately following that private session at which time the matter will be determined and the decisions of the Sub-Committee will be announced.

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.

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 applicant reported the incident to the Police and has been proactive in addressing this rare occurrence;
• the dancer did not notice immediately, the camera angle did not show the true extent of the touching between the dancer and the client;
• the applicant stressed the paramount importance being the safety of dancers;
• the applicant is now being punished for reporting this isolated incident;
• touching between dancers and clients categorically refuted other than accidental brushing;
• that the club was doing its best to comply with conditions already in force;
• that there were no objections initially but only in relation to one incident;
• that the dancer concerned admitted mistakes on this one incident due to personal circumstances specific to that dancer;
• steps have been taken to prevent future risk by implementing lines on the floor / moving lamps.

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.