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

Members considered a report on an application for the grant of a Sexual 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 found at Appendix D of the Statement of Licensing Policy for Sex Establishments, to reflect those imposed on recently expired licence, and agreed by the Applicant. 

Reasons 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, as amended to reflect the conditions attached to the recently expired Sexual Entertainment Venue Licence and agreed by the Applicant at the hearing.

In reaching that decision, Members gave careful consideration to the quantity limit of two Sexual Entertainment Venues within Torbay, as set out in the Statement of Licensing Policy.  Members acknowledged that the grant of this application would exceed that limit, but considered that the nature of the Applicants offering was sufficiently distinct from the existing licensed venues, and that a departure from the policy was appropriate in this case.  In particular, Members noted that no employed dancers or similar entertainment were provided at the venue.

Members noted that the Premises had previously operated under a Sexual Entertainment Venue Licence between May 2024 and May 2026 and noted that no complaints had been received during that period from Responsible Authorities, local residents or other interested parties, and that no objections had been received from Devon and Cornwall Police, Environmental Health or any other Responsible Authority in respect of this application.

Members took account of the nature of the activities undertaken at the Premises and the evidence presented by the Applicant and supporters of the application.  Members were satisfied that the Premises provided a managed environment for a niche community, with clear rules, membership requirements and welfare arrangements in place.  Members also considered the supporting representations received and noted the consistent evidence that the Premises provided a safe and inclusive environment for individuals who may not feel comfortable or accepted in other licensed venues.

Members gave consideration to the character of the locality, the use of premises in the vicinity and the layout and condition of the Premises.  Having regard to these factors, Members found no reason why the grant of the licence would be inappropriate.

Members concluded that it was appropriate to depart from the numerical limit within the Policy and that the grant of the licence was in the interests of public safety and consumer choice.  Members therefore resolved to grant the application subject to the conditions previously attached to the expired licence, which they considered appropriate and proportionate for the style of operation carried on at the Premises.