The Licensing Sub-Committee of Kingston upon Thames Council met on Monday 8 April 2024 to consider an application for the renewal and variation of a Sex Establishment Licence for Stir 777. The committee decided to grant the application, subject to a number of conditions.

Application for Renewal and Variation of Sex Establishment Licence for Stir 777

The Licensing Sub-Committee granted the application for the renewal and variation of a Sex Establishment Licence for Stir 777, located at 48 High Street, Kingston upon Thames, KT1 1HN. The application sought to extend the venue's operating hours.

The proposed new hours were:

• Monday to Thursday: 22:00 to 03:00 the following morning.
• Friday and Saturday: 22:00 to 05:00 the following morning.
• New Year's Eve: 22:00 to 05:00 the following morning.

The committee considered the application under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by the Policing and Crime Act 2009, and the Council's Policy on the Licensing of Sex Establishments.

Arguments and Considerations:

• Applicant's Case: Stir 777 Limited stated that this was a renewal of their existing licence, with the additional hours sought to align with a separate Premises Licence application and following successful testing of later hours. They highlighted their impeccable record with the local authority, residents, and patrons since opening in 2018, and noted that the venue had operated on Wednesday nights with Temporary Event Notices (TENs) for six months without negative impact. The applicant also stated that all existing conditions, except for the hours of opening, would remain the same. They also confirmed that staff received vulnerability and safeguarding training.
• Objections: One valid objection was received, raising concerns that the premises was inappropriate for the locality, perpetuating inappropriate sexual behaviour, and cheapening the prime real estate on the riverside. The objector suggested the venue should be located elsewhere, such as down a back street.
• Letters of Support: Five letters of support were received, with supporters highlighting the venue's positive contribution to the night-time economy, its lack of negative impact, and its role as a safe and well-managed entertainment option. Some supporters noted that the venue was discreet and did not cause noise or anti-social behaviour, contrasting it with standard drinking outlets.
• Police Response: No objections were received from the Chief Officer of Police.
• Committee's Reasoning: The Licensing Sub-Committee, chaired by Councillor Andrew Wooldridge, with Councillor Jackie Davies and Councillor Olly Wehring also present, considered the application in light of the relevant legislation, the Council's policy, and Home Office guidance. They noted the absence of objections from the police and the lack of detailed explanation from the objector regarding how the locality had changed or become inappropriate. The committee acknowledged the mixed character of the area, which includes residential properties, bars, restaurants, and the Rose Theatre, and recognised the existing night-time economy. They concluded that there was insufficient evidence to suggest the premises was out of character with the locality. The committee also considered its power to revoke the licence should any problems arise in the future.

Decision:

The Sub-Committee decided to grant the application for the renewal and variation of the Sex Establishment Licence. The decision was subject to the following conditions:

• Hours of Operation:
  • Monday to Thursday: 22:00 to 03:00 the following morning.
  • Friday and Saturday: 22:00 to 05:00 the following morning.
  • New Year's Eve: 22:00 to 05:00 the following morning.
• Conditions arising from the applicant's Operating Schedule:
  • The venue shall not operate on Sundays or Christmas Day.
• Standard Conditions: All existing standard conditions for Sex Establishments and Sexual Entertainment Venues (SEVs) were to be adhered to, with the exception of condition 1 relating to hours of opening, which was amended as per the decision. These conditions cover aspects such as conduct and management, external appearance, state and condition of premises, and safety.
• Additional Conditions for SEVs: Specific conditions for Sexual Entertainment Venues, including rules on physical contact between performers and customers, performer attire, and the requirement for SIA registered door supervisors and CCTV monitoring, were also to be maintained.

The applicant has the right to appeal to the Magistrates' Court regarding any imposed conditions within 21 days of receiving the decision. Other parties can only challenge the decision through judicial review.