Agenda item

The Licensing Authority has received an application for the renewal of the Sex Establishment Licence for the premises known as ‘Easy Tiger’, 27 Triangle, Bournemouth BH2 5SE, to trade as a sex shop for a further twelve-month period.

As the Licensing Authority has received one objection, this matter is brought before the Licensing Sub Committee for determination.

BCP Council:

Sarah Rogers – Principal Licensing Officer – Senior Licensing Officer

Johanne McNamara – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

The Chair made introductions and explained the procedure for the hearing, which was agreed by all parties.

The Principal Licensing Officer presented the report, a copy of which had been circulated and a copy of which appears as Appendix A to these minutes in the Minute Book. The Sub Committee was asked to consider an application for the renewal of the Sex Establishment Licence for the premises known as ‘Easy Tiger’, 27 The Triangle, Bournemouth, BH2 5SE, to permit the premises to trade as a sex shop for a further twelve-month period.

As a result of the consultation one objection had been received against the renewal of the licence. A copy of the objection was included with the report, together with the applicant’s mediation letters and a business and customer petition in support of the application. 56 letters of support had been received these were also appended to the report.

It was confirmed that there had been no representations received from any of the responsible authorities.

The following persons attended the hearing and addressed the Sub- Committee to expand on the points made in written submissions:

• Mr Jonathan Spencer – licence holder and proprietor
• Mrs Susan Stockwell – Objector

The Sub Committee asked various questions of all parties present and were grateful for the responses received. All parties were invited to sum up before the Sub-Committee retired to make its decision.

RESOLVED that the application to renew the Sex Establishment Licence for the premises known as ‘Easy Tiger’, 27 The Triangle, Bournemouth, BH2 5SE, to permit the premises to trade as a sex shop for a further twelve-month period, be GRANTED.

Reason for Decision:

The Sub-Committee considered in detail all the information which had been submitted before the hearing, including the Principal Licensing Officer’s report, the written submissions of the objector, Susan Stockwell, and the written submissions of the applicant, Jonathan Spencer. The Sub-Committee also considered the verbal submissions made by all parties at the hearing and was grateful to all parties for their responses to questions.

In making its decision the Sub-Committee had regard to the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 and the available grounds for refusing the application contained within paragraph 12 of that schedule. The Sub Committee was unable to find sufficient evidence in the objector’s submission to support a refusal on any of the available grounds.

The Sub-Committee noted that the premises has traded as a sex shop at its current location for 15 years under the current ownership and a further 9 years before that at another location in the Triangle. The Principal Licensing Officer confirmed that one complaint had been received in relation to the premises, this was from the objector in April 2024, regarding the use of wording relating to a female sex organ in a window display. Following contact with the Licensing Authority this had been removed from the advertising display. The objection had also cited various apparent breaches of the licence in questioning the suitability of the applicant. The Principal Licensing Officer confirmed that there were no other breaches recorded by the Licensing Authority.

The Sub-Committee noted the points raised in the objection regarding the location of the premises in an area of regeneration near a library and bus stops, both accessible to children, and her views on the use of the area by certain groups (pregnant women, women breastfeeding, women with small children and children themselves) and the impact the proximity of the premises would have on them, including the risk of harassment, particularly by intoxicated individuals. The Sub Committee noted the detailed responses provided by the applicant in respect of his premises’ location and customers in his written submissions, including in his letters of mediation to the objection.

The Sub-Committee did not consider that there had been a material change in the locality since the licence was renewed last year or that there were sufficient grounds based on the character of the locality to refuse the application.

The Sub-Committee was mindful that Dorset Police had not made any observations on or objection to the application and agreed that that if the Police had concerns about the premises and its effect on crime and disorder in the vicinity, they would have voiced these concerns.

The Sub Committee noted the points raised by the applicant in terms of his premises being a valuable addition to the local community, collectively supporting local businesses and promoting the upkeep and regeneration of The Triangle area. It was noted that the application was accompanied by petitions of support signed by 17 local businesses and 172 customers. In addition, 56 letters of support were received from customers and members of the local community.

Public Sector Equality Duty

In considering the application, and in coming to its decision, the Sub-Committee had regard to the need to eliminate discrimination, foster good relations, and advance equality of opportunity between those with a protected characteristic, and those without. In his written submissions the applicant had explained that the premises was frequented by approximately 50% females and provided for the LGBTQ community.

The Sub-Committee determined that some of the points raised in the objections were not grounds contained in paragraph 12 of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 on which the application can be refused.

After full consideration of the objections raised, the case of R. v Newcastle Upon Tyne City Council Ex p. The Christian Institute 2000 which the Objector referred to in her written objections, the grounds set out in paragraph 12 of schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 and the Equality Act 2010 the Sub Committee did not feel there was any basis to refuse the application and therefore resolved to grant it.

Right of Appeal

If the application for renewal is refused on relevant grounds the applicant may appeal the decision to the Magistrates’ Court within 21 days of the date of this letter.

If however, if the application was refused under Schedule 3, paragraph 12 (3) (c) or (d) of the Local  Government (Miscellaneous Provisions) Act 1982, any challenge must be by way of Judicial Review.

If any objector to the application wants to challenge the decision they can do so by way of Judicial Review.