Agenda and minutes

There were none.

The minutes of the meeting held on the 28^th June 2011 were signed by the Chair.

That Messrs Ward, Darlington, Wilshire, Russel and Shah be granted leave to address the Committee on Agenda Item 7 – Hackney and Private Hire Vehicles – Introduction of age policy.

Councillor Choudary declared a personal and prejudicial interest in Item 7, as several Hackney and Private Hire vehicle owners present at the meeting knew him. His wife is also the holder of an operators license.

The Chair was of the opinion that the following item was a matter of urgency due to the undue delay if it were deferred:

The Members attend the Private Hire Induction Course for new drivers to be held on the 10^th October 2011.

RESOLVED:

That the report be noted.

The Licensing Officer outlined the report and explained that an application had been received by Simply Pleasure Ltd for an amendment to the Council’s Sex Establishment License conditions, to allow for an ‘Open Window Display’ at their premises at Wellingborough Road, Northampton.

Colour photographs of window displays for other Simply Pleasure establishments were submitted and circulated to committee members. An objection letter received from Mr D Matthews, by the licensing department was also distributed to members.

In response to a question asked by the Committee, the Licensing Officer reported that the authority would be able to regulate what was deemed acceptable with regards to the suitability of the goods on display. He also confirmed that no objections had been received from the Police.  In answer to a further question, the Licensing Officer explained that should there be a breach of the any condition placed on display in the shop window the Licensee could be bought back before the Licensing Committee, which could result in the revocation of the license.

Members considered whether the window display would be anymore controversial than the lingerie models displayed in the windows of other high street stores and whether prohibiting a display for Simply Pleasures would be contradictory.

Members considered the location of the shop and it’s proximity to schools. Concern was voiced that the shop was in a school catchment area, which included a wide number of schools catering for different ages. It was suggested that the name of the shop itself indicated it’s nature and therefore a window display would not be considered necessary.

Members voiced concerns that there seemed to be an inconsistency of items displayed in the various shop front displays circulated to Committee Members. The Licensing Officer explained that the authority would be stringent in their approach and could stipulate conditions the members would wish to place on the establishment.

The Solicitor explained that there was no legal definition of the word ‘indecent’ but commented on the dictionary meaning ‘unbecoming, highly unsuitable or inappropriate, contrary to the fitness of things, in extremely bad taste or grossly offensive’ quoted case law and also informed members that they should be mindful to consider whether the display would be offensive to the ‘reasonable man’.

The Licensing Officer explained, in answer to a question, that a condition could be imposed, which would restrict the view into the shop beyond the window display. He confirmed that in the event of conditions being broken, the whole license would be breached and thus could be bought before the committee at a later date.

The Licensing Officer commented that should the Committee be minded to approve the report that an additional condition in respect of the prior by the Council of display, advertisement, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing or any matter or thing (whether illuminated or not) shall be exhibited so as to be visible from outside the premises.

Councillor Wire suggested deferring the matter to see what they proposed to put  ...  view the full minutes text for item 6.

The Licensing Officer outlined the report and informed Members of the recommendations following the consultation process, which sought to redress the balance between the applicants for licences and the Responsible Authorities, which would give more powers to the Local Authority when considering applications.

RESOLVED:

                        That the report be noted

The Chair to Move:

“that the public and press be excluded from the remainder of the meeting on the grounds that there is likely to be disclosure to them of such categories of exempt information as defined by section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12a to such act.”

The Chair moved that the Public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.

The Motion was Carried.