Agenda item

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 in the window display.

Councillor Stratchan proposed and Cllr I Choudary seconded ‘that the proposed change in the Sex Establishment License Conditions be not agreed’.

Upon a vote, the result was tied. Upon the Chairs casting vote the motion was defeated. Councillor Caswell commented that he felt enforcements would be able to keep abreast of this.

RESOLVED:

That the application for a change in the Sex Establishment License Conditions to allow an open window display be approved subject to an additional condition that:

No 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 except:-

a)     Any notice of a size and in a form approved by the Council which is required to be displayed so as to be visible from outside the premises by law, or by any condition of License granted by the Council.

b)     Such display, advertisement, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing, or any matter or thing as shall have been approved by the Council.

Alterations or additions either internal or external and whether permanent or temporary to the structure, lighting or layout of the Premises shall not be made expect with the prior approval of the Council.