Agenda item

(The report for this item is public. However Appendices 3(a) and 3(b) contain information regarding complainants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972. It is considered on balance that the public interest would not be served by publishing the information as it could prejudice the outcome)

The Sub-Committee considered an application for the renewal of a Sexual Entertainment Venue in respect of Eden One, First and Second Floor, 15-17 Queen Street.

The Sub-Committee noted that following the submission of the renewal application, representations had been received from both the Police and the Licensing Service. The representations referred to a significant number of issues on the premises particularly as regards complaints of alleged overcharging.

The Police had included in their comment that a number of meetings have taken place with the operator who has shown a willingness to work with the authorities to reduce the number of complaints and a number of measures have already been put in place namely:

·         Upgraded CCTV system with 20 cameras including the booths where dances take place and the area where card transactions are processed;

·         All dancers to sign up to the ‘appropriate sales techniques’ document created by the licence holder

·         Management interventions to take place before large card transactions take place.

The Police and Licensing Service had requested the following conditions be added to licence in addition to the standard conditions:

·         All management, bar staff and dancers working on the premises should receive documented training which will be signed and dated. This training should include appropriate sales techniques and policies in place to prevent misleading or illegal sales of services. This should also make reference to drunkenness/capacity of customers.

·         All electronic/card payments will be recorded in a consecutively numbered carbonated book and will include: What the customer has paid for in as much detail as possible, all staff members involved in services/transactions, the amount paid.

·         The customer will be given the opportunity to sign this record, the customer will be  provided with a copy of this record, these records will be clear and legible and the record book will be made available to an authorised officer on request.

·         There will be sufficient measures in place to prevent dancers facilitating their own payment methods i.e. card terminals, internet banking;

·         Dancers will not be allowed mobile phones in any performance area

·         All card terminals will be at a fixed point. There will be CCTV coverage to show the individual making the transaction

·         Interventions by a member of management will take place on all transactions above £100 to ensure that the customer has the capacity to pay for services

·         A member of management should conduct random checks to ensure customers are not served when drunk

·         Dancers price lists will be prominently displayed so that customers know how much services costs without ambiguity

·         Members of staff/dancers must not assist customers in using cash machines

·         Receipts of any card payments will be kept on the premises for at least one calendar month and be made available to an authorised officer on request.

Ms Ashley Sayers, Manager of the Premises, was in attendance accompanied to by two other members of staff. She explained that the premises was keen to work with responsible authorities and that it would accept the imposition of the proposed conditions on the licence. She emphasised that the self-employed nature of dancers meant that there would occasionally be difficulty in imposing management directives so that conditions imposed by the Council had a greater impact in improving dancers’ behaviour. She refuted a number of the incidents highlighting that no further action had been taken in a number of cases.

In response to questions from the Sub-Committee, Ms Sayers, explained how

She also emphasised that card payments would always been taken in one location well covered by CCTV and by a member of management where it would be made clear the costs and services provided. Ms Sayers explained how capacity to consent would be judged and the different modes of intervention.

The Sub-Committee expressed concern at the number of incidents but equally balanced this with the desire of the applicant to cooperate with the responsible authorities

Resolved:

That the Sexual Entertainment Venue licence in respect of Eden One be renewed for a period of six months subject to the following additional conditions:

        i.            All management, bar staff and dancers working on the premises should receive documented training which will be signed and dated. This training should include appropriate sales techniques and policies in place to prevent misleading or illegal sales of services. This should also make reference to drunkenness/capacity of customers.

       ii.            All electronic/card payments will be recorded in a consecutively numbered carbonated book and will include: What the customer has paid for in as much detail as possible, all staff members involved in services/transactions, the amount paid.

     iii.            The customer will be given the opportunity to sign this record, the customer will be  provided with a copy of this record, these records will be clear and legible and the record book will be made available to an authorised officer on request.

     iv.            There will be sufficient measures in place to prevent dancers facilitating their own payment methods i.e. card terminals, internet banking;

       v.            Dancers will not be allowed mobile phones in any performance area

     vi.            All card terminals will be at a fixed point. There will be CCTV coverage to show the individual making the transaction

   vii.            Interventions by a member of management will take place on all transactions above £100 to ensure that the customer has the capacity to pay for services

 viii.            A member of management should conduct random checks to ensure customers are not served when drunk

     ix.            Dancers price lists will be prominently displayed so that customers know how much services costs without ambiguity

       x.            Members of staff/dancers must not assist customers in using cash machines

     xi.            Receipts of any card payments will be kept on the premises for at least one calendar month and be made available to an authorised officer on request.

(Note: Having declared a Disclosable Pecuniary Interest in the item Councillor Owen left the room and took no part in the voting on this item.)