Agenda and minutes

No declarations of interest were made by Members.

To consider the report of the Assistant Director Environment.

The Chair asked for introductions of those present and the Corporate Manager - Legal explained the Council’s procedure for the consideration of the application.

KyriacosKimitri, the Managing Director of the Applicant company was not in attendance. The Applicant was represented by David Campbell (DC) who was accompanied by Dianne Scullion, the Designated Premises Supervisor for the Eden Lounge.

The Assistant Director Environment presented the report on the application by Valley Wood Resources Ltd (the Applicant) in respect of the premises Eden Lounge at 162-163 Fore Street, Exeter for the renewal of a licence for a sexual entertainment venue (SEV) under the provisions of the above legislation.

The Assistant Director Environment explained that the Council had adopted its current policy on sex establishments on 23 July 2013, and that the policy stated that there was no locality within Exeter in which it would be appropriate to licence a sexual entertainment venue or a sex cinema, and accordingly the appropriate number of these categories of sex establishments for each and every locality in Exeter is nil. However, in considering the original licence for these premises in February 2014, the Licensing Committee had found an exception to the policy. He further explained that in considering the renewal of the application, Members should have regard to the European Convention on Human Rights, in particular Article 8 (right to a private and family life) Article 10 (right to freedom of expression including artistic expression) and Article 1 (the right of peaceful enjoyment of possessions).

In response to Members’ questions, the Assistant Director Environment explained who the responsible authorities were.

The Environmental Health and Licensing Manager advised that two full inspections of Eden Lounge had been undertaken since the licence was granted on 26 February 2014 together with a number of ad hoc compliance checks which included an examination of conditions external to the premises.

The recommendation was for the Licensing Committee to determine the application.

Two objectors, Moira Macdonald (MM) on behalf of Fawcett Devon and Josephine Sutcliffe (JS), attended the meeting and spoke on this matter.

MM raised the following objections on behalf of Fawcett Devon. She stated that the application had been advertised on two occasions. The first advert had not complied with the Council’s requirements and as a result the proposal to renew the licence had not adequately come to the attention of the public.

Fawcett Devon, with the assistance of the Exeter Labour and Green Parties had raised a petition of some 104 signatures, both during the initial advertisement period and after. The petition had also been made available at the International Women’s Day at the Mosque. The petition requested Councillors to reject the licence application to run a Sexual Entertainment Venue in Exeter. The petition was tabled.

MM referred to a number of instances where posters and fliers advertising activities at Eden Lounge were not specific and did not show the precise nature of the events and also to apparent discrepancies in the timings of opening hours. Some  ...  view the full minutes text for item 13.

To consider the report of the Assistant Director Environment.

The Assistant Director Environment presented the report setting out the proposal to review the Gambling Act Policy. It had been written in 2012 and came into effect in January 2013. There was a legal requirement to review such policy statements every three years. The current policy had to be reviewed by 2016, so it was relevant to commence consultation work on a draft policy document. All Members were entitled to comment on the draft policy and the final Statement of Licensing Policy to go to Council.

RESOLVED that the Draft Gambling Act Policy be agreed for public consultation, to follow the suggested timetable below:-

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