The Chair welcomed everyone. All parties present introduced themselves and the
Chair detailed the procedure to be followed and asked if there were
any representations to vary it. There
Counsel for the Applicant, Mr James Rankin, declared
he would be speaking on behalf of the Applicant, Mr
The Specialist Advisor for Licensing outlined the
report setting out the application for the renewal of a Sexual
Entertainment Venue (SEV) licence for Lux, 2a-2b Pevensey Road
highlighted the relevant policy implications.
Appended to the agenda was the Home Office Sexual
Entertainment Venues Guidance for England and Wales (March 2010) at
Appendix 1, Eastbourne Borough Council’s Sexual Establishment
and Encounter Policy at Appendix 2, and the Equality and Fairness
Analysis at Appendix 6.
Following a consultation period of 28 days, one
representation had been
received against the application from theSoroptimist International Eastbourne &
District and this was included in Appendix 5 of the agenda
pack. In their objection against the granting of the SEV renewal,
they felt that the establishment would not help them achieve their
goals of equity and equality and creating safe and healthy
environments, or promote Eastbourne as a desirable place to
live. Approval of the application would
go against Eastbourne Borough Council’s Equality and Fairness
Policy. The objector had been invited to attend the meeting, but
for personal reasons was not present.
invited Members and then the Applicant and Mr Rankin, to ask
questions of the Specialist Advisor.
There were none.
Counsel, representing the applicant, addressed the
Sub-Committee. Having noted that one
objection to the application had been received, Mr Rankin reminded
the Sub-Committee that the premises had not operated since it was
granted a licence for a sexual entertainment venue in December
2018. He explained that the applicant’s ownership of the
Embassy Nightclub had demonstrated an improvement in the area and
well run business. In addition, the
applicant wanted to create a table dancing club within the
footprint of the premises with its own discreet entrance. He noted
that legislation has made provision for such a business. He
said that such businesses do not have a reputation for causing
public order issues because of the high levels of management and
because they prioritise the safety of dancers and clientele.
accepted that the Sub-Committee must have due regard to the public
sector equality duty (Section 149 of the Equality Act 2010) and it
was for the Sub-Committee to decide what weight should be given in
referring to the objection letter from the Soroptimist International Eastbourne &
District, he said this was speculation of what might happen as the
business had not operated. The dancers, both men and women would
take part willingly and neither gender will be on the stage at the
same time. Some of the dancers would be
using this employment as an opportunity for progressing to further
referred to the conditions appended to the SEV licence in Appendix
3 of the agenda, pages 78, 79 and 80.
He identified parts of the key conditions that related to the
safety and protection of the dancers:-
No physical contact between the customer and dancer, to protect the
12: Members shall not throw, or
encourage others to throw money............
13: There shall be no deliberate
physical contact between customer and
14: Customers must remain fully clothed
at all times.
18: Dancers shall only perform on the
stage area or at a designated place to seated
customers................ (Mr Rankin added that dancing would only
take place in specified areas).
19: The private booths would be designed in such a way that there
can be no curtain or other visual barrier that can be pulled across
20: The role of Booth CCTV operator will be a member of staff
designated exclusively for that purpose whilst the performances are
taking place............... (Mr Rankin assured the Sub-Committee
that CCTV coverage will be in place throughout the premises and the
footage would be accessible for up to 31 days if
required. In addition, the CCTV
operator who will be looking at a monitor real time, will be able
to respond immediately should an incident occur).
21: All dancers will be escorted from
the premises at the end of each evening to their transport
(eg taxis) to ensure their personal
safety and security.
reference to the Equality and Fairness Analysis, in particular at
page 90 of the agenda, Mr Rankin said that if the establishment
operated poorly and the conditions had been breached where the
dancers were unsafe or clientele objectified and there was hard
evidence to prove it, then it would be a matter for
review. The operator would do their
level best to comply with the conditions of the licence to protect
the performers, both men and women.
said Mr Forte was in negotiation with a potential operator for the
business who would not take over unless the licence was
The Chair invited the Applicant and Mr Rankin to make
any closing remarks. Mr Rankin declared
they had covered all the points in their earlier
The Sub-Committee members retired at 6.31pm to
consider and determine the application.
Michele Wilkinson as Legal Advisor was in attendance to assist with
any legal queries.
Having taking into account all the relevant
considerations, the Sub-
Committee returned to the meeting at 7:15pm and
announced the decision as follows:
RESOLVED: That the application
for the renewal of the current premises licence be approved, as set
out in the attached Decision Notice document (Minutes Appendix