REMOVAL OF A SPECIAL CONDITION ON A SEX ESTABLISHMENT LICENCE FOXY LADY

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1 ITEM 7 LICENSING AND REGULATION COMMITTEE JUNE REMOVAL OF A SPECIAL CONDITION ON A SEX ESTABLISHMENT LICENCE FOXY LADY Contact Officer: Claire Firmin 1. Purpose 1.1 To determine a request to have a special condition on the Sex Establishment Licence for Foxy Lady, 28 Watling Street, Fenny Stratford removed. 2. Recommendations 2.1 The committee approve the removal of the special condition requiring all doors and windows to be wholly opaque, leaving the standard conditions in place. 2.2 Details and outcomes 2.2 Foxy Lady, 28 Watling Street, Fenny Stratford holds a Sex Establishment Licence under The Local Government (Miscellaneous Provisions) Act Currently the licence in force has a number of special conditions attached which includes the requirement for all doors and windows to be treated as wholly opaque. A copy of the licence is included as Annex A. The shop has held a licence since 2001 with this special condition applied when the licence was granted. Mr Fuller has held the licence since In addition to the special conditions that are attached to the licence the standard conditions are also applicable a copy of these are included in Annex B. 2.4 An inspection of the premises was carried out on 4 th May a copy of the letter sent with the inspection findings is included in Annex C. Following this inspection the Licence Holder Mr Fuller has submitted a request (a copy of which is included in Annex D) to have one of the special conditions removed.. Namely the condition that requires all windows and doors to be treated as to be wholly opaque. The Licence Holder has requested the removal of this condition to permit a window display of lingerie. The special condition attached at present would not permit this. The licence holder is proposing a display of lingerie in the window which would have a roller blind blackdrop ensuring the interior of the shop would not be visible from the outside with the exception of the window area. 2.5 If this special condition were removed the following standard conditions would still be applicable: ITEM07 16 JUNE 2010 (16)

2 No display, advertisement, work, letter, model, sign, placard, board, notice, device, representation, drawing, writing or any matter of thing (whether illuminated or not) shall be exhibited so as to be visible from outside the Premises except:- i) 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 a licence granted by the Council. ii) 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. The entrances to the Premises shall be of a material or covered with a material which will render the interior of the Premises invisible to passers by. 2.6 Policy 2.7 Legal These conditions would ensure that any window display would have to be approved by the Council, and would ensure that the interior of the shop would not be visible from outside. Annex F includes a photograph showing the current external appearance of the shop. Implications None. A copy of the Policy on sex establishments in Milton Keynes is included Annex E. The guidelines in the Policy that should be considered when new application are made include the recommendation that the window/door glazing adjacent to, and visible from the public highway (footway) should be obscured; and no part of the interior display/sales area should be visible when the entrance door is open. There are no legal issues in respect of this item 3.4 Other Implications None Background Papers: Annex A: Sex Establishment Licence Foxy Lady Annex B: Standard Conditions applicable to sex establishments Annex C: Letter sent as a result of inspection carried out on 4 th May Annex D: Letter from T Fuller requesting condition be removed dated 13 th May 2010 Annex E: Policy for sex establishments Annex F: Photos of shop front ITEM07 16 JUNE 2010 (17)

3 ANNEX A (18)

4 (19)

5 ANNEX B (20)

6 (21)

7 (22)

8 (23)

9 ANNEX C (24)

10 (25)

11 ANNEX D (26)

12

13 ANNEX E (27)

14 (28)

15 ANNEX F (29)

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