Agenda item

Harmony, 109 Oxford Street, London, W1D 2HH

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

3.

West End Ward / Central CAZ

Harmony 109 Oxford Street London W1D 2HH

Sexual

Entertainment

Venue Licence

19/13351/LISEXN

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 5th December 2019

 

Membership:              Councillor Karen Scarborough (Chairman) and Councillor Aicha Less

 

Legal Adviser:             Horatio Chance

Policy Adviser:            Kerry Simpkin

Committee Officer:  Sarah Craddock

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         None

 

Present: Mr Leon Charalambides (Barrister representing the Applicant) and Mr Steven Elvins (Applicant)

 

Harmony 109 Oxford Street, London W1D 2HH

19/13351/LISEXN

1.

Application for a new Sex Establishment Licence

 

Amendments to application advised at hearing:

 

None

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Harmony Limited for a new Sex Establishment Premises licence in respect of Harmony, 109 Oxford Street, W1D 2HH. 

 

The Sub-Committee noted that the Premises were located in Oxford Street that was predominately retail and very busy with tourists and shoppers, there were no schools within 300 metres of the Premises and there were 10 licensed sex shop Premises located within a 500 radius of these Premises.

 

The Sub-Committee also noted that there were no objections to the application from any of the Responsible Authorities. 

 

The Sub-Committee has a duty to consider each application on its individual merits. The Sub-Committee after carefully considering the evidence before it and Human Rights granted the application accordingly with the standard conditions imposed on the licence.

 

 

 

 

Conditions attached to the Licence

 

PART I – GENERAL

 

Definitions

 

1 In these rules, unless the context otherwise requires:

 

‘Approval of the Council’ or ‘ Consent of the Council’ means the approval or consent of the Council in writing.

 

‘Approved’, ‘accepted’, or ‘permitted’ means approved, accepted or permitted by the Council in writing.

 

‘Approved arrangements’ means the arrangement of the premises, fittings, installations and all other things in connection therewith as approved by the Council.

 

‘Council’ means Westminster City Council.

 

‘Escape lighting’ (safety lighting) means lighting, obtained from a source independent of the general supply for the building, provided to assist the public and staff to leave the premises without the aid of normal lighting.

 

‘Film exhibition’ has the meaning described in Section 21 of the Cinemas Act 1985.

 

‘Licensee’ means the holder of a sex establishment licence.

 

‘Non-combustible’ material means material which is deemed to be non-combustible when tested in accordance with the provisions of British Standard 476: Part 4, or such other material or combination of materials as the Council accepts as being non-combustible for the purpose of these rules.

 

‘Officer’ means any person authorised in writing by the Council. (This may include officers of the London Fire and Civil Defence Authority).

 

‘Premises’ means any premises within the Council’s area licensed as a sex establishment and includes all installations, fittings and things in connection therewith.

 

‘Sex Establishment’, ‘Sex Cinema’, ‘Sex Shop’, ‘Sex Encounter Establishment’ and ‘Sex Article’ shall have the meanings ascribed to them in the Third Schedule to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986.

 

Dispensation or modification of rules

 

2.

(a)

 (b)

 

 

(c)

These rules may be dispensed with or modified by the Council in any special case.

Where in these rules there is any reference to the consent of the Council being required, such consent may be given on such terms and conditions and subject to such restrictions as may be so specified.

If the licensee wishes any of the terms of the licence to be varied an application must be made to the Council.

 

PART II

 

GENERAL RULES RELATING TO MANAGEMENT, CONDUCT ETC

 

Exhibition of Licence

 

3 The licence or a clear copy shall be prominently displayed at all times so as to be readily and easily seen by all persons using the premises.

 

Hours of Opening and Closing

 

4 The premises shall not, for any purpose of the licence, be opened before 0900 hours and shall not be kept open beyond 2300 hours.

 

Responsibility of Licensee

 

5 (a) The licensee shall take all reasonable precautions for the safety of the public and employees and except with the consent of the Council, shall retain control over all portions of the premises.

 

(b) No poster, advertisement, photograph, sketch, synopsis or programme shall be displayed by or on behalf of the licensee at the licensed premises or at any other public place except in accordance with the Town and Country Planning (Control of Advertisements) Regulations 1992 or any Order amending or replacing the same.

 

(c) The premises may not be used under the terms of the licence unless and until any necessary permission and/or consents have been obtained pursuant to the Town and Country Planning Act 1990, the London Building Acts 1930-1939 and the Building Act 1984 or any legislation amending or replacing the same.

 

Persons in Charge of Licensed Premises

 

6 (a) The licensee or some responsible person over 18 years of age nominated by him in writing for the purpose shall be in charge of, and upon, the licensed premises during the whole time that they are open to the public. Such written nomination

shall be continuously available for inspection by a police officer or an officer authorised in writing by the Council.

 

(b) The person in charge shall not be engaged on any duties which will prevent him from exercising general supervision and he shall be assisted as necessary by suitable adult persons to ensure adequate supervision. The person in charge should be conversant with these conditions, a copy of which should be held on the premises.

 

(c) A notice showing the name of the person in charge of the premises at the time they are open under the licence shall be conspicuously exhibited in a position where it can be easily seen by customers.

 

(d) All members of staff shall be easily identifiable as such. If required by the Council in writing the licensee shall ensure that during the hours the premises are open for business every employee or person (apart from, where employed, hostesses or other companions) working in the licensed premises wears a badge of a type approved by the Council indicating his name and that he is an employee or person working in the premises.

 

Conduct of

 

7 (a) The licensee shall maintain good order on the premises and in particular shall ensure that none of the following shall take place:

(a) Unlawful possession and/or supply of drugs controlled by the Misuse of Drugs Act 1971;

(b) Indecent behaviour, including sexual intercourse;

(c) The offer of any sexual or other indecent service for reward;

(d) Acts of violence against person or property and/or the attempt or threat of such acts.

 

(b) The licensee shall ensure that the public are not admitted to any part or parts of the premises other than those which have been approved by the Council.

 

(c) The licensee or any other person concerned in the conduct or management of the premises shall not seek to obtain custom by means of personal solicitation or touting from the premises, immediately outside the premises or in the vicinity of the premises, nor allow the premises to be used by prostitutes.

 

Note: Soliciting includes the distribution of leaflets unless authorised by a consent under section 4 of the London Local Authorities Act 1994.

 

(d) No person under the age of 18 shall be admitted to any part of the premises which is used as a sex establishment or be employed in the business of the sex establishment.

 

(e) No poster, photograph, sketch, painting or any form of advertisement or display shall be displayed by or on behalf of the licensee on, outside or within the premises in a position where it is visible to the public if the Council regards it as unsuitable for exhibition to the public. If the licensee is notified in writing that the Council objects under this rule to a poster, photograph, sketch, painting, advertisement or display such poster, photograph, sketch, painting, advertisement or display shall be removed or completely obscured from sight.

 

Doorway Opening, Windows etc.

 

8 (a) The entrances to the premises shall be of a material or covered with a material which will render the interior of the premises invisible to passers by.

 

(b) Windows and openings to the premises other than entrances shall either be obscured or with the consent of the Council shall have suspended behind them, in a position and at an altitude approved by the Council, opaque screens or blinds of a type and size approved by the Council.

 

Change of Use

 

 

9 No change of use of any portion of the premises from that approved by the Council shall be made until all necessary consents have been obtained from the Council. For the avoidance of doubt this includes a change from one class of sex establishment (e.g. a sex shop) to a different class of sex establishment (e.g. a sex encounter establishment).

 

10 No alterations (including temporary alterations) shall be made to the premises, without the prior written consent of the Council. This condition shall not require notice to be given in respect of routine maintenance works.  Where works necessitate the premises being closed for a period of time, the premises shall not reopen for the purpose of the licence, until the licensee has been notified in writing by the Council of the satisfactory completion of the work.

 

Standard Conditions relating specifically to sex shops:

 

29. All sex articles and other things displayed for sale, hire, exchange or loan within a sex shop shall be clearly marked to show to persons who are inside the sex shop the respective prices being charged.

 

30. All printed matter offered for sale, hire, exchange or loan shall be available for inspection prior to purchase and a notice to this effect is to be prominently displayed within the sex establishment.

 

31. No film or video shall be exhibited, sold or supplied unless it has been passed by the British Board of Film Classification or such other authority performing a similar scrutinising function as may be notified to the licensee by the Council, and bears a certificate to that effect and is a reproduction authorised by the owner of the copyright of the film or video film so certified.

 

 

 

 

 

 

 

 

 

 

 

Supporting documents: