5 Walker`s Court W1 PDF 3 MB - Useful information
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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: srowe@westminster.gov.uk 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 nnelson@westminster.gov.uk. 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 de Ho p Gar bur y Monm outh Street St Martin's Lane C St Martins in the Field - Homeless t TRAFALGAR SQUARE Hostels - Special Needs Schemes P os nd ha lac e William Iv Street Scale: 1:3,800 St Martin-in-the-Fields Church et Eas t rd Be dfo Peabody - Rough Sleepers 0 r St all e re ns Adelaide Street Av en ue Religious Society of Friends (Quakers) St et ry ng Ki e Str sb u et rd fo fte Stre Duncannon Street lM Pa l Schools d Be Sh a Upper St Marti n's Lane et tre ox S dd Ma t t S tr ee ee et uit r St tre ric k w New Ro Ir ving St reet lS ra re et Ya rd y rS Faith Groups et tre e St Gar e Str e e cr Ros Great Newport Street t ee S tr rn u o anb Cr The London Connection - Homeless St Martin-in-the-Fields Chinese Congregation e et S tr lac gA e eet r Square mb P folk Suf Sex Establishments (License Issued) lac es gle ce er P by n Lo Flo k fol Suf et et Sexual Entertainment Venues (License Issued) M Be ar S tr Le iceste t itco ee S tr Adult World t Stringfellows Notre Dame de France Wh a e ng ns n La t n ee S tr gs Co nd et et re e lto n Sli t ce Pl a or s Stre e Str St de ar Stree t e Sh er H m se u ape er r G ts 500m Buffer e st St Premises within a 500m radius of Adult World, 5 Walker's Court, W1F 0BT et et Little Newport Street t r ee Corporate GIS Team Gr tre ee S tr e et S tr tre e arl e Str s Ii et lS tre eet S tr Ch Mu et ard er r e tre Or St re ea e et S tr G et el l N ey tS mb nS n to h Hig ic Le nd tre ce et c Sta W es To w itco tre APPENDIX C rn l bo Ho o Sh Wh et sS rri No ay yW t et e et S tr hA cS Pl a tre et e Stre d e Str ix ek Co ac p ti Co ham tS Stre ot Dy haw High ss Ro a en ho Gre et tre dS ton d Ste s Earn iles St G g Cro gs tre 's S on et The Gaslight Club rl Ca En d Piccadilly Advice Centre - 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Voluntary Aided School rt ou n Soho - Rough Sleepers B ui x Le d Bri am Sm Glasshouse Street N G rl are Bu dB r ffo tre dS et rJ w to n i ng ws Me qu nS Ne pe gto t l de Go w Ne rlin Ol Cli Up et e Str et Bu e tre nS k De r ma Moor Street Soho Original Bookshop Shadow Lounge rd et s tre a Be d ree t The House of St Barnabus in Soho Stre ew S ly gto et an dM et ee t S tr e Str et Ol City Gates Church, Soho (Ichthus) t Ya t tree Fifty And Dean ng Ki et yl e Bo tr e nS to f a r S ard Me tr e sS e lac s rlin e S tr ws o ur i ck e Lan rd Wa ck ki n eP s tr M ew Stre Bu c Me alty Roy on Du rw Be p Ho e Ing t rms e eo rg St G N ew la nP gs De s et in ui l d dB hm ew l a ce tre on Adult World, 5 Walker's Court, W1F 0BT St. George's Church No.4 Mayfair e et hm sle t Go Vanity Bar And Nightclub Ric dM 's P ee S tr n'S A e et S tr by et all tre rsh hS Ma urg a rn Maso ad Bro kS w ic et n'S ma Ric lan la tre e Bat Soho - Homeless rt Po sP Charin S lisle Ca r e St ee t S tr e lac et et o ur Du f r t' wb Fo e ub Ne rlb et ry eP Stre tre et s ew D yS bl a 'Ar ce Ca Ma tle Lit tre bu on an et n e S tr ridg o Blo b ms Bloomsbury Central Baptist Church House of St Barnabas - Homeless rM et M Stre rato She t re e St George's ou or S gh t Bridge - Homeless ou tre at Gre ugh o ro arlb et tr e el S No t ll S et Stre b Bain Radha Krishna Temple Eglise Francaise Row to n Protestante Sut St. Patrick's Church rd Wa sS gy Ar r ove Han r ee usse Iskcon (Soho) t illie t t ay S e 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.