Agenda item

To consider an application by UK Exclusive Entertainment Ltd for a Sexual Entertainment Venue (SEV) licence for ‘Mystique’ 15 – 17 Queen Street, Blackpool.

The Sub-Committee considered an application by UK Exclusive Entertainment Ltd for a new Sexual Entertainment Venue (SEV) licence for “Mystique”, 15-17 Queen Street, Blackpool.

Mr Rafael Suski, Director of UK Exclusive Entertainment Ltd, appeared before the Sub-Committee accompanied by Mr Carl Moore, Licensing Consultant and Mr David Moseley, landlord, who was accompanied by Ms Natalie Christopher. The case was presented by the applicant’s legal representative, Ms Sarah Clover.

Ms Clover referred the Sub-Committee to the comprehensive policies and plans for the venue that had been submitted with the application and drew Members’ attention to the additional written submission provided by her on behalf of the applicant in advance of the meeting. The premises would be managed by Robert and Marie Norton, who had experience in running similar premises, on behalf of Mr Suski whose company had a five year lease for the premises.

In Ms Clover’s opinion, the location on Queen Street was appropriate for a SEV licence and she reminded Members that no representations had been made by any of the authorities. Referring to the objection submitted by Mr Newton, the Sub-Committee was advised that Mr Suski had a good relationship with the authorities and the compliance issues highlighted in the objection had been dealt with resulting in no formal warnings, fixed penalty notices or reviews of his other licences. She therefore suggested that there was no evidence that Members could rely on to refuse the application on the grounds of unsuitability. Ms Clover further added that the premises would not be managed by or carried on for the benefit of Mr Moseley, who had previously been deemed unsuitable by the Sub-Committee, as had been suggested in the objection.

Ms Clover referred to the 2021 Sex Establishment Policy and argued that, although the application was for a new SEV licence, the Sub-Committee should consider applying grandfather rights as the premises had benefited from a licence until it had been transferred, wrongly in her opinion, to Mr Newton’s company who subsequently withdrew the renewal application prompting the licence to lapse.

Presenting the representations on behalf of Mr Mark Newton, his legal representative Mr Richard Williams referred the Sub-Committee to the issues raised in the original letter of objection and supplementary written submissions. Members were asked to consider in particular the suitability of the applicant and whether the landlord, Mr Moseley, would benefit from the carrying on of the business despite having been previously refused a licence himself. In response to Ms Clover’s suggestion that the Sub-Committee could consider applying grandfather rights, Mr Williams believed that the 2021 Sex Establishment Policy did not allow for any exceptions and that it should be considered as a new application and therefore be subject to the nil policy limit.

Mr Williams questioned in detail the applicant’s lease for the premises, which had been confirmed by Ms Clover as five years but which the application form stated had been granted for ten years to another of Mr Suski’s companies with a sub-lease issued to the applicant, UK Exclusive Entertainment Ltd. Ms Clover presented a copy of the five year lease to the Sub-Committee but was unable to provide a copy of the sub-lease at the time of the meeting. Mr Williams referred to the earlier allegation made towards Mr Newton that he had made a false declaration to the Council in order to facilitate a transfer application and suggested that if Mr Suski had misled the Sub-Committee with regards to the lease then he should similarly be considered as unsuitable.

Following questions from Members as to whether the appropriate fees had been paid in respect of the lease and whether failure to pay amounted to an offence, Mr Ben Williams, Barrister on behalf of Blackpool Council, suggested that legal advice should be taken from experts in property law. Ms Clover added that she would need to request further information from Kuits Solicitors, who had been involved with drawing up the lease, as to the exact position.

The Sub-Committee carefully considered the information provided and concluded that in order to make a determination the full circumstances of the lease agreement needed to be clarified. It therefore agreed to defer consideration of the case until a special meeting to be arranged on 2 August 2022. Members requested that any additional documents to be presented at that meeting must be served by 12 noon on 18 July 2022 and the Sub-Committee indicated that time limits for speeches may be imposed on the next occasion.

Resolved:

That consideration of whether or not to grant a new Sexual Entertainment Venue licence for 15-17 Queen Street be deferred until 2 August 2022.