Agenda and minutes

To receive any apologies for absence.

There were no apologies for absence received.

To note appointment of Substitute Members.

There were no substitute members appointed.

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

Where a Member has a new or registered Disclosable Pecuniary Interest (DPI) in a matter under consideration they must disclose that they have an interest and, unless the Monitoring Officer has agreed in advance that the DPI is a 'Sensitive Interest', explain the nature of that interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a DPI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation permitting them to do so.  If during the consideration of any item a Member becomes aware that they have a DPI in the matter they should declare the interest immediately and, subject to any dispensations, withdraw from the meeting.

Where a Member is declaring an Other Significant Interest (OSI) they must also disclose the interest and explain the nature of the interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a OSI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation to do so or the meeting is one at which members of the public are permitted to speak for the purpose of making representations, answering questions or giving evidence relating to the matter.  In the later case, the Member may only participate on the same basis as a member of the public and cannot participate in any discussion of, or vote taken on, the matter and must withdraw from the meeting in accordance with the Council's procedure rules.

There were no declarations of interest from Members.

To confirm the attached Minutes of the meeting of the Committee held on 5 August and 20 August 2013 (to follow).

The Minutes of the meeting of the Committee held on 5 August 2013 were approved as a correct record and signed by the Chairman.

To consider the attached report of the Licensing Team Leader.

The Committee was advised that premises operated by Darker Enterprises Ltd, a national retailer, had been found in breach of Condition 21 of its licence relating its external appearance during a compliance visit by the Licensing Enforcement Officer. The display was removed following the visit and a variation application made in respect of a new display.

Mr C Mason, on behalf of Darker Enterprises, accepted that there had been an unintentional breach of the conditions and as soon as this was drawn to their attention the display was removed. It was emphasised that there had been no intention to display anything indecent and that they would be willing to accept a condition requiring the removal of any display immediately upon receipt of a notice from the Council.

The application had been advertised in accordance with the legislation by means of a public notice sent to Kent Police, an advertisement in the local paper and a sign at the shop. There had been no representations received from Kent Police or local residents.

The Committee withdrew to consider the application. Upon reconvening the Committee stated that it would grant the application with conditions but that it was emphatic that the applicant must strictly comply with the conditions to protect the public and not offend public decency.

RESOLVED:      That the application for a variation to the Sex Shop Licence in respect of 64 London Road, Dover, Kent CT17 0SP be granted subject to the following conditions:

(a)         Any display must be arranged in such a way that the interior of the premises, other than the window display itself, is not visible from the exterior.

(b)         Wording shall not be used in any window display or on the exterior of the premises that could be considered as stimulating or encouraging sexual activity, or acts of force or restraint associated with sexual activity.

(c)         No article or material shall be displayed on the premises so as to be visible from outside of the premises that are for use in connection with, of for the purpose of stimulating sexual activity, acts of force or restraint associated with sexual activity, genital organs, urinary or excretory functions.

(d)         A maximum of three mannequins may be used in any window display for the purpose of displaying such clothing as lingerie, nightwear, underwear, fancy dress, etc. Such displays shall not include any clothing or item which could be considered to be for use in connection with, or for purpose of acts of force or restraint. Where mannequins are used they shall not be posed in such a fashion as to suggest sexual activity or acts of force or restraint.

(e)         If the council notifies the licensee in writing of the unsuitability of any poster, photograph, sketch, painting, image or any form or display visible to members of the public who are not on the premises, then the item shall be removed or obscured from the sight of members of the public not on the premises immediately upon receipt  ...  view the full minutes text for item 173.