Agenda item

Wellhot Limited have applied for the renewal of the Sexual Entertainment Venue Licence to permit relevant entertainment to continue for a further twelve month period at the premises.

The licensing authority has received 5 objections.

Present:

 

BCP Council:

Sarah Rogers – Senior Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Michelle Cutler – Clerk to the Sub-Committee

Christiane Tan – Democratic Services, observing for training purposes

 

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

 

The 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 Sexual Entertainment Venue Licence for the premises known as ‘Wiggle’, 159 Old Christchurch Road, Bournemouth, to permit relevant entertainment to continue for a further twelve-month period.

 

Five valid representations had been received, and it was confirmed that there had been no representations received from any of the responsible authorities.

 

Following publication of the Officer’s report, further documentation was provided from the Applicant in response to the representations, a copy of which had been circulated and a copy of which appears as Appendix  ‘B’ to these minutes in the Minute Book.

 

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

 

Applicant:

Mr Paul Ojla - Applicant

Mr Taran Ojla - General Manager

 

Objector: Mrs Susan Stockwell

 

The other 4 anonymous objectors did not attend.

 

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 Sexual Entertainment Venue Licence for the premises known as ‘Wiggle’, 159 Old Christchurch Road, Bournemouth BH1 1JS be GRANTED.

 

Reasons for the Decision: 

 

The Sub-Committee considered all the information which had been submitted before the Hearing including the report for Agenda Item 5,?‘Wiggle’, 159 Old Christchurch Road, Bournemouth. The Sub-Committee also considered the written and verbal submissions made by objector Susan Stockwell and the written submissions of 4 other objectors, and the written and verbal submissions of the applicant, Mr Paul Ojla, owner of the premises, and Mr Taran Ojla, Managing Director. 

 

The Sub-Committee had regard to the provisions of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (“the 1982 Act”), and the statutory grounds upon which an application may be refused.

 

The Sub?Committee did not find the Applicant to be unsuitable to hold a Sexual Entertainment Venue licence. Members were reminded that BCP Council no longer had a Sex Establishments Policy in force, and accordingly the only relevant grounds for consideration were the ‘discretionary’ grounds set out in paragraph 12(3)(d) of Schedule 3. The Sub?Committee therefore focused its consideration on whether the character of the locality or the use to which other premises in the locality are put rendered the renewal of the licence inappropriate.

 

Character of locality 

 

The Sub-Committee noted that the premises has operated as a lap dancing club in the same location since 2006 and since 2010, has operated under a Sexual Entertainment Venue licence, which has been renewed annually in accordance with the 1982 Act.

 

Although the character of the locality has evolved over time, with changes in the use of some nearby premises, the Sub?Committee was satisfied that the premises remain situated within the heart of Bournemouth’s night?time economy and continue to operate alongside other hospitality and licensed venues. The Sub?Committee did not consider that the character of the locality had changed materially since the previous renewal decision in 2025.

The Sub?Committee acknowledged that the town centre continues to evolve, with an increase in mixed?use development and further residential accommodation planned. Members also noted the presence of Livingstone Academy, located in Stafford Road, Bournemouth, and that pupils may pass the premises on their walk to school.

 

However, the Sub?Committee was satisfied that the external appearance of the premises is discreet, and inappropriate signage has been removed; there is no visibility into the premises from outside and that the premises only opens from 10:00pm, outside of school hours. The Sub?Committee noted that no complaints or representations had been received from staff or parents connected with Livingstone Academy.

 

The Sub-Committee also acknowledged the presence of the Citrus Building in Madeira Road and Trinity House Rehab Centre near Wootton Gardens. Again, no complaints or objections had been received from residents or users of both premises.

 

Taking all these matters into account, the Sub?Committee did not consider the location of the premises to be inappropriate, having regard to the character of the locality or the use of other premises in the vicinity.

 

Layout 

 

The Sub-Committee was satisfied that the layout was acceptable and did not warrant refusal of the application. 

 

The Sub?Committee noted that five complaints had been made to the Licensing Authority since the previous renewal, four of which were submitted by the same individual. Members were advised that these complaints had been fully investigated and did not result in any enforcement action or findings of concern.

 

The Sub?Committee considered Mrs Stockwell’s comments regarding cracks to the exterior of the building and accepted the applicant’s explanation that minor cracking is consistent with normal building settlement and did not indicate any breach of licence conditions or safety requirements.

 

Mrs Stockwell’s concerns regarding ventilation were also considered. The Sub?Committee accepted the applicant’s written confirmation that the premises operate a full air?conditioning and mechanical ventilation system in compliance with health and safety requirements.

 

The Sub?Committee also considered concerns relating to litter and the presence of nitrous oxide canisters outside the premises. Members accepted the explanation that such litter was not connected to the operation of the premises but thrown into the garden by members of the public and that the area is cleaned on nights the premises is open and that arrangements are in place for regular maintenance, including jet?washing and weeding.

 

Public Sector Equality Duty

 

In determining the application, the Sub?Committee had due regard to the Public Sector Equality Duty under section 149 of the Equality Act 2010, including the need to eliminate discrimination, advance equality of opportunity, and foster good relations between persons who share a protected characteristic and those who do not. In this case, the duty arose primarily in relation to sex.

 

The Sub?Committee considered the objections raised but noted that the premises welcomes customers of different genders and that performers work in a lawful and regulated industry. Members were satisfied, based on the information provided, that appropriate policies and procedures are in place to manage customers and promote staff welfare. The Sub?Committee also noted that the premises provide wheelchair access and accessible facilities.

 

The Sub?Committee concluded that, while the Equality Act 2010 was a relevant consideration, it did not, on balance, compel refusal of the application.

 

Other Matters

 

The Sub?Committee considered that some of the points raised in the objections were not relevant to the statutory grounds for refusal under Schedule 3 of the 1982 Act, and that others were not supported by evidence.

 

No representations were received from Dorset Police in response to the application. The Sub?Committee noted that no evidence had been provided to demonstrate any link between the premises and increased crime, disorder, violence, or harassment in the locality. There was no evidence to support the assertion that the operation of this premises had contributed to violent or sexual crime, or inappropriate behaviour towards women, or a decline in visitor numbers within Bournemouth Town Centre.

 

Although not required under the 1982 Act, the Licensing Authority had also notified all Responsible Authorities as defined under the Licensing Act 2003, including Planning, of the application. No comments or objections were received. The Sub?Committee further noted that no objections had been made by Bournemouth University, notwithstanding the increase in student accommodation in the vicinity, nor had any evidence been presented of concerns raised by students in relation to the premises.

 

In addition, no objections were received from places of worship, including St Peter’s Church, or from other residents or occupiers within the town centre area.

 

The Sub?Committee also considered concerns raised regarding the use of a branded vehicle and online promotional material. Members accepted the applicant’s written explanation that the vehicle was used as part of a wider European promotional activity and was not used for local advertising in Bournemouth. The vehicle was liveried as part of a temporary road?trip and was not operated locally. The Sub?Committee further accepted that references to themed nights appearing on Eventbrite related to historic events which were no longer promoted or operated.

 

Conclusion

 

Having fully considered the application, the objections received, and the Public Sector Equality Duty, the Sub?Committee was satisfied that the conditions attached to the licence appropriately regulated the operation of the premises. The Sub?Committee concluded that the objections did not, on the evidence before it, establish a basis for refusal on the discretionary grounds relating to the character of the locality or the use of premises in the vicinity under paragraph 12(3)(d) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 and there was no statutory basis upon which to refuse the application. The application was therefore granted

 

Right of Appeal 

 

As the decision is to grant the application, there is no statutory right of appeal against this decision.