Agenda item

ABS Holdings have applied for the renewal of the Sex Establishment Licence to permit the premises to trade as a sex shop for a further twelve-month period.

The Licensing Authority has received one objection.

This matter is brought to the Licensing Sub Committee for determination.

Present:

From BCP Council:

Sarah Rogers – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

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

The Licensing Officer presented a report, a copy of which had been circulated and a copy of which appears as Appendix ‘B’ to these minutes in the Minute Book.

The Sub-Committee was asked to consider an application for the renewal of the Sex Establish Licence of the premises known as ‘Simply Pleasure’, 333-335 Holdenhurst Road, Bournemouth, BH8 8BT to permit the premises to trade as a sex shop for a further twelve-month period. The Licensing Authority had received 1 valid objection.

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

Tom Clark – on behalf of the Applicant, ABS Holdings

Susan Stockwell – Objector

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

RESOLVED that the application to renew the Sex Shop Licence for the premises known as ‘Simply Pleasure’, 333 – 335 Holdenhurst Road, Bournemouth BH8 8BT be GRANTED.

The Sub-Committee considered in detail all the information which had been submitted before the hearing, including the Senior Licensing Officer’s report, the written submissions of the applicant, Mr Timothy Hemming, and the written objection of Mrs Susan Stockwell.

The Sub-Committee also considered the verbal submissions made by Sarah Rogers, the Senior Licensing Officer, Mr Tom Clark, Area Manager, who attended on behalf of the applicant, and Mrs Susan Stockwell, objector.

The Sub-Committee was grateful to all parties for their responses to questions raised at the hearing.  

Reasons for Decision: 

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 noted that the premises had traded as a sex shop for approximately 23 years under the current ownership. There had been no complaints received by the Licensing Authority in connection with the premises resulting in any formal action being taken and there had not been any representations made in objection to the renewal of the licence from the Police or any other Responsible Authority. Nor had there been any objections made by local residents or the library situated close by.

The Sub-Committee noted the points raised in the objection and the responses on behalf of the applicant in respect of the premises’ location. 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 felt confident that the shop was being run in a professional and compliant manner under the direction of Mr Clark and his experienced staff and were advised by Mr Clark that they take the conditions added to their licence seriously. They were also of the view that the applicant was receptive to concerns raised about the shop and this was evidenced by the steps taken by the business following its 2024 licence renewal to replace the sign displayed on the front fascia of the premises without complaint. In addition, window displays have been changed in consultation with, and the consent of, the Licensing Authority in accordance with the scheme of delegation and the conditions attached to the sex shop licence.

In response to Mrs Stockwell’s view that the previous Sex Establishment policy for Bournemouth Borough Council was still in place as the BCP policy had been quashed by judicial review, the Legal Advisor to the Sub-Committee confirmed that this was incorrect. BCP Council’s position is that it does not currently have a Sex Establishment Policy. Once the 2021 policy was quashed by the High Court, that policy was treated as void and of no legal effect. The previous policies of Bournemouth and Poole Councils had been expressly replaced and did not revive upon the quashing of the new policy. This is consistent with established administrative law principles and case law.

There is no statutory requirement to have a Sex Establishment Policy and licensing applications are solely considered and decisions made under the statutory provisions set out in schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.

Public Sector Equality Duty 

In considering the application, and in coming to its decision, the Sub-Committee considered the public sector equality duty and 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. The Sub-Committee heard that sales had increased by 10% and were advised that the premises welcomed, and was frequented, by men and women and offered a safe space for the LGBTQ community. 

After considering all the information before them and the statutory provisions set out in Schedule 3, paragraph 12 of the Local Government (Miscellaneous Provisions) Act 1982, and acknowledging the shop operated a legitimate business, the Sub-Committee granted the sex shop licence for a further 12 months

Right of Appeal 

As the renewal application has been granted without alteration there is no right of appeal. If any objector to the application wants to challenge the decision they can do so by way of Judicial Review.