To determine an application for the Grant of a Sex Entertainment Venue Licence in respect of Within Temptation, Lower Union Lane, Torquay.

Members considered a report on a new application for the Grant of a Sex Entertainment Venue Licence in respect of Within Temptation, Lower Union Lane, Torquay. 

Written Representations received from:

Oral Representations received from:

Decision

That the application for a Sexual Entertainment Venue licence for Within Temptation, Lower Union Lane, Torquay, be granted as applied for, subject to amendment of the standard conditions proposed by the Responsible Authority and agreed by the Applicant.

Reason for Decision

Having carefully considered the oral and written Representations, Members unanimously resolved to grant the licence subject to the standard conditions found at Appendix D of the Statement of Licensing Policy for Sex Establishments (the Policy), as amended by the Responsible Authority to reflect the activities carried out at the Premises and agreed by the Applicant at the hearing.

In coming to that decision, Members gave careful consideration to the proximity of the Premises to other establishments, having regard to the primary considerations as set out in paragraph 2.2 of the Policy and the map of the surrounding area provided by the Licensing Officer, and found no cause for concern in respect of a Sex Entertainment Venue at this location. Furthermore, Members noted that the Premises had been operating for a period of 3 years, albeit with a different owner / Manager prior to March 2023, without any reported incidents of concern from the Police, or complaints received by Environmental Health.

Whilst Members heard from one objector as regards to the proximity of the Premises to a language school and the impression that may be formed from those from outside of the area, Members also heard that no such issues had arisen in the time that the establishment had been operating and that the Premises was currently open to club members on Friday and Saturday nights, and for private hire during the week, when the language school was closed.

In consideration of the Applicant’s submissions, Members formed the view that the Premises was well managed and that the current owners had worked hard to improve the reputation of the establishment.  Members were impressed by the thorough policies and procedures in place, along with the strict rules that must be followed by patrons, and that Management were rigorous to enforce.

Members were however mindful of the quantity limit of 2 on the number of Sex Entertainment Venues (Lap dancing and Striptease) in the area, as set out in the Policy. However, in departing from the quantity limit, Members determined that this Premises provided a different offering to like-minded persons, in that there were no employed dancers providing the relevant entertainment.  After careful deliberation, Members unanimously resolved that it was in the interest of public safety and choice, to issue the applied for licence and to depart from the Policy on this occasion.