Agenda and minutes

An apology for absence was received from Councillor Mrs Hinder.

The following substitution was noted:-

Councillor Black for Councillor Mrs Hinder

There were no Visiting Members.

There were no disclosures by Members or Officers.

Councillors Gooch, Grigg and Naghi declared they had been lobbied with regard to Agenda Item 7 – An application for a Sex Establishment licence for 87-88 Bank Street, Maidstone.

RESOLVED: That the Items on Part II of the Agenda be taken in private as proposed.

The Committee considered the report of the Head of Democratic Services regarding an application for a Sex Establishment licence for 87-88 Bank Street, Maidstone.

The Legal Advisor to the Committee outlined the order of considerations to be made, dealing with the validity of the application, late objections received, to consider and determine the application and, with regard to the Council’s current policy, on determining the locality and appropriate number of sex establishments in the borough.

The Chairman requested those persons participating in the hearing to identify themselves, this included the Members of the Committee, the Head of Democratic Services, the Legal Advisor, the Committee Clerk, the applicant and his representative, and those making representations who wished to speak.

The Head of Democratic Services outlined the details regarding the late newspaper advertisement of the notice of application and, therefore, the need to confirm validity of the application.

Members considered whether to treat the application as valid in view of the required newspaper advertisement being published two days late. The applicant indicated that in applying on 17^th, June 2012 he had missed the deadline for publication in the Kent Messenger that week and he felt that publicity would be wider and meet the purpose of the legislation most fairly if it were advertised in that publication, for width of distribution, on the next available date. Also, many objectors have come forward as a result. The objectors speaking made no representations in this regard. Members decided that they would proceed treating this application as valid as the number of objectors indicated that they had not been inconvenienced and that no prejudice had been caused.

The Head of Democratic Services then informed the Committee that ten objections had been received outside the time during which members must have regard to them but members had discretion to have regard to them having considered whether they were intentionally late, would cause any prejudice to the applicant, unreasonable disruption to Council business and any reasons given for lateness. The applicant’s representative indicated that it was felt fair to consider all objections and so he consented to their being considered. Members confirmed that they would have regard to the ten objections received late.

The Head of Democratic Services briefly outlined the application received, his report and the objections received.  He informed the Committee that as the Applicant had agreed to 4 x SIA trained staff at the premises during opening hours, the objection from Kent Police had been withdrawn.

The Applicant’s representative then presented his case.  He stated that the premises were bought in 2010 with the intention of turning it into an entertainment venue, with a sex establishment on part of the first floor.  If the licence was granted, the entrance to the sex establishment will be regressed from the street, through a side entrance with no advertisement in Bank Street.  Business will be achieved through the internet only and the sex establishment venue will be separate from the café/bar/night club element of the building  ...  view the full minutes text for item 58.

10.00 a.m. to 5.45 p.m.