application for a Premises Licence in respect of
Purity Club, 3 Pitt Street,
Wolverhampton, WV3 0NF was considered
following representations received from the Licensing Authority,
Public Health and West Midlands Police.
Chair stated that on 11 November 2020 all parties had agreed to
adjourn the Sub-Committee Hearing to a specified date that being
Wednesday 18 November 2020, to allow West Midlands Police more time
to consider the amended Operating Schedule that had been proposed
by the Licensing Authority.
Chair stated the names of all those present at the Hearing and
invited Debra Craner, Section Leader Licensing, to report any
updates since the Hearing had been adjourned.
Section Leader Licensing stated that since the last Hearing, West
Midlands Police (WMP) had submitted a further amended Operating
Schedule and that this had been circulated to all
Chair invited the Applicant to comment on the new proposals from
West Midlands Police.
Clive Thomason, Applicant, confirmed that he had seen the proposed
amendments from West Midlands Police and was happy to accept
Chair afforded all parties present the opportunity to question Mr
Thomason. Mr Thomason responded to questions asked.
Chair invited the Licensing Authority to make representations
regarding the new proposals. Elaine Moreton, Section Leader
Licensing, did so. She stated that the Operating Schedule submitted
by West Midlands Police was very good and that it was an enhanced
version of what she had previously submitted. She confirmed that
she had no objections to the amended proposal but highlighted two
potential mistakes within the document.
Andrew Parker and Sgt Steph Reynolds acknowledged the two mistakes
and agreed to rectify them.
Chair afforded all parties present the opportunity to question the
Licensing Authority in relation to its submission. No questions
Chair invited West Midlands Police to make representations
regarding their proposed Operating Schedule. Mr Andrew Parker,
Barrister representing West Midlands Police, did so. He confirmed
that WMP were now satisfied as the Applicant had agreed to their
proposed amendments and had confirmed that he had no intention to
use the premises as a sexual entertainment venue.
Chair afforded all parties present the opportunity to question West
Midlands Police in relation to its submission. Mr Parker responded
to questions asked.
Chair invited Public Health to make representations regarding the
new proposals. Michelle Smith, Principal Public Health Specialist,
did so. She requested that a condition regarding membership be
added to the schedule to ensure that admittance to the premises
could not be immediate upon obtaining membership.
Chair afforded all parties present the opportunity to question
Public Health in relation to her submission. Michelle Smith
responded to questions asked and all parties agreed on a suitable
condition that would be added to the Operating Schedule.
Chair invited all parties present to make their final
West Midlands Police, the Licensing Authority and the Applicant
all made a final statement.
Councillor Bolshaw, Councillor Crofts, Councillor Inston, the
Senior Solicitor and Democratic Services Officer, withdrew from the
meeting to enable the Sub-Committee to determine the
Sub-Committee adjourned at 14.45 hours.
Hearing reconvened at 15.28 hours.
Councillor Bolshaw, Councillor Crofts, Councillor Inston, the
Senior Solicitor and Democratic Services Officer re-joined the
Chair advised all parties of the decision of the Sub-Committee,
which was read out by the Senior Solicitor.
Statutory Licensing Sub-Committee had taken note of all written
concerns raised in respect of the application for a premises
licence for Purity Club, 3 Pitt Street, Wolverhampton WV3 ONF. They
had listened to the arguments of those who had spoken at the
hearing, both for and against the application.
Sub-Committee heard from the Applicant that:
had run a Lesbian, Gay, Bisexual and Transgender (LGBT) club in
Dudley for 13 years at which there had been no issues requiring
- The premises in Wolverhampton would offer a safe haven for this
community with a person requiring membership to access
- The premises would operate as a Café bar in the day and
as a cocktail bar in the evening;
- Many members and staff attending the club were from the LGBTQ+
community who felt safe in the environment offered by the premises
who took the safety of those attending into account;
- Elaine Moreton (Licensing Authority) and West Midlands Police
had proposed conditions which could be attached to a licence,
should it be granted, and which amend the Operating Schedule. These
conditions were agreed by the Applicant.
- The public bar and function room were now to be used as a games
room which the fitness group would use.
Sub-Committee heard from the Licensing Authority as Responsible
- Representations were made in furtherance of the four licensing
- The premises, the subject of the application, fell within a
Special Consideration Area (SCA) under Wolverhampton City Council
Statement of Licensing Policy as they were located within close
proximity to the City Centre Cumulative Impact Zone.
- The Statement of Licensing Policy provides that consideration
would be given to the type of premises the application referred to
and the Matrix Approach outlined suggested operating times for
specific venue types.
- The Applicant had requested licensable activity outside the
approved hours of opening confirmed within the premises planning
- The application lacked clarity throughout. The venue was
described as a “members only”, a “bar” and
a “social club”.
- West Midlands Police had linked the premises with Adult
Entertainment however within the application at Section 16, Adult
Entertainment had not been completed. This raised concerns for the
Licensing Authority as to the intended use of the
- The proposed Operating Schedule lacked enforceable conditions
and therefore was insufficient to uphold the Licensing
- However, proposed conditions which would amend the Operating
Schedule submitted with the application, had been provided. These
were detailed in an attachment to an email from the Licensing
Authority as responsible Authority dated 10 November 2020 and at
Appendix 7 of the revised agenda. The Applicant agreed to accept
the proposed conditions at the hearing before the Licensing
Sub-Committee on 11 November 2020.
- Should the application be granted with the proposed conditions
attached, the Licensing Authority would be satisfied that, although
the premises were in a Special Consideration Area, they could
operate without adding to the problems faced in these
- The West Midlands Police had now proposed conditions which
expand and enhance those proposed by the Licensing Authority, who
would be happy for the police conditions to be added to the licence
in place of those proposed by the Licensing Authority, subject to
slight amendments, as outlined.
Sub-Committee heard from West Midlands Police and their
representative, Mr Andrew Parker that:
- Representations had been made in furtherance of the Prevention
of Crime and Disorder and Public Safety Licensing Objectives. At
the hearing on 11 November reference was also made to Public
Nuisance linked to the location of the venue.
- The Operating Schedule within this application was not fit for
- The floor plan provided with the application differed from the
floor plan in the original planning application that was granted in
2019. There were concerns relating to safety for persons within
rooms at the premises, which had not been addressed in the
application. West Midlands Police and their representative
therefore questioned the Applicant during the Sub-Committee hearing
on 11 November in order to ascertain the intended use and whether
this had changed. The Applicant had failed to document the intended
use of the function rooms and what activity would take place in
them and therefore the police were concerned to understand the
suitability of the current application. At Hearing the Applicant
confirmed that the function room to the right had once been divided
into cubicles with shower facilities which members would use if
they wanted privacy however, he made it clear there would be no
further activity of a sexual nature taking place on the
- At the Hearing on 18 November 2020
conditions were proposed (attached to the email from WMP dated
18/11/20) which, if added to the Operating Schedule, would promote
the Prevention of Crime and Disorder and Public Safety Licensing
- The Applicant had confirmed that he agreed to these proposed
Sub-Committee heard from Public Health as Responsible Authority
- The proposed application undermined the Prevention of Crime and
Disorder Licensing Objective.
- The application had omissions in relation to alcohol especially
given the proximity to the City Centre Cumulative Impact
- Commissioned drug and alcohol services were nearby.
- There was no reference in the application to a refusals log or
CCTV recording being available for 30 days and for viewing upon
- Conditions proposed by West Midlands Police and the Licensing
Authority were welcomed but Public Health would also wish to see a
condition dealing with a time limit so that admittance to the
premises could not be immediate upon obtaining
Sub-Committee heard that the West Midlands Fire Service had not
made a relevant representation however, they had proposed terms
dealing with fire safety and the Applicant had agreed a voluntary
undertaking with the fire service with regard to this. Details of
the undertaking were at Appendix 6 on page 39 of the agenda
Special Consideration Areas (SCA) surround and border existing
Cumulative Impact Zone’s in the City.
Premises within the SCA would be subject to the presumption of
refusal, but operators would be expected to pay special attention
when drawing up their Operating Schedules and to make positive
proposals to ensure that their operation would not add to the
problems faced in these areas.
Sub-Committee were satisfied that the premises were within a SCA.
However, they were further satisfied that the Applicant had made
positive proposals to ensure that their operation would not add to
the problems faced in these areas.
Sub-Committee had had regard to both the written and oral evidence
that had been presented and attached appropriate weight.
Licensing Sub-Committee were taking no moralistic view or
pre-determining any future application that may be made for a sex
establishment but would always be concerned with the safety of
employees or visitors to such a venue and therefore,
invited/encouraged continued discussion to deal with the proper
form of regulation.
Having considered the views of all concerned, the Sub-Committee
decided that the application for a premises licence should be
granted, as applied for, subject to the terms and conditions
detailed below in accordance with section 18 of the Licensing Act
That the hours should be granted, as applied for, subject to the
following amendments and that the conditions, listed below, should
replace the steps proposed by the Premises Licence Holder to
promote the four Licensing Objectives within the
From: Friday 10:00 to 03:30
Friday 10:00 to 01:00
From: Saturday 10:00 to 03:30 hours
Saturday 10:00 to 01:00 hours
From: Friday 20:00 to 01:00 Hours
Friday 20:00 to 00:30 Hours
From: Saturday 20:00 to 01:00 hours
20:00 to 00:30 hours
From: Thursday 12:00 to 01:00 Hours
Thursday 12:00 to 00:30 hours
From: Friday 12:00 to 03:00
Friday 12:00 to 00:30 Hours
From: Saturday 12:00 to 03:00
Saturday 12:00 to 00:30
From: Friday 23:00 to 02:30 Hours
Friday 23:00 to 00:30 Hours
From: Saturday 11:00 to 02:30 hours
Saturday 23:00 to 00:30 hours
alcohol for consumption on the premises
From: Friday 11:00 to 02:30 Hours
Friday 11:00 to 00:30 Hours
From: Saturday 11:00 to 02:30 hours
Saturday 11:00 to 00:30 hours
be removed throughout the application.
of Crime and Disorder
- There shall be no entertainment of an adult or sexual nature
other than in accordance with the provisions of the Local
Government (Miscellaneous Provisions) Act 1982 or any authorization
digital CCTV system with recording equipment is installed and
maintained at the premises.
- CCTV will cover all licensable areas including entry and exit
points of the premise, all function rooms, staff areas and the rear
car park including smoking area.
- The system will be installed and maintained in working order at
the premises during all times when licensable activities are
authorised by the licence. The system's recorded images and video
will be of court-evidential quality, indicate the correct date and
time and be kept for at least 31 days unedited. Signs will display
that CCTV is in operation.
- Images/recordings to be downloaded in a suitable format and
provided to any member of a Responsible Authority upon
- All managerial staff to be trained to use the CCTV system and at
least one member of staff will be on duty who is trained to
download systems images should any member of a Responsible
Authority make a request.
electronic or written incidents log will be maintained at the
premises with a record of all incidents of crime and disorder
reported to or by the premises. The incidents log will be produced
to an officer of a responsible authority upon request. Where a
crime is believed to have been committed, the incident will be
reported to the West Midlands Police. The incidents log will be
kept for at least 12 months and will be produced to an officer of a
responsible authority upon request.
electronic or written refusals log will be maintained at the
premises with a record of all refusals of admission or service of
alcohol. The refusals log will include the basis of a refusal; the
person making the decision to refuse; the date and time of refusal.
The refusals log will be kept for at least 12 months and will be
produced to an officer of a responsible authority upon
- When Wolverhampton Wanderers football matches are at home the
management of the premises will liaise with West Midlands Police in
regard to any additional measures required to be implemented by the
daily register must be completed for all persons entering and
exiting the premise. The register will be made available to West
Midlands Police upon request.
list of all members’ details will be documented and made
available to West Midlands Police upon request. This will include
name, date of birth and address.
- Alcohol must only be purchased on site. Customers will not be
permitted to bring their own alcohol to consume on the
drinks or containers are permitted to leave the
- The toilet facilities will be regularly checked and recorded
outlining the member of staffs’ name, date, time and
least one member of staff who is first aid trained to be on sight
at all times when the premise is operating.
- Any queue to enter the premises that forms outside the premises
shall be kept orderly and supervised.
- Toilet and outside security checks conducted hourly and recorded
on daily control sheet(s) to assist with the detection of any
substance or personal abuse.
weekly meeting with staff regarding risk assessments, safety
procedures and security measures will be recorded and available to
any member of a Responsible Authority upon request.
- Any person frequenting the premises shall be a registered member
prior to entering.
- Immediate entry membership is not permitted. The usual waiting
period for membership approval is 24 hours.
fire alarm system will be installed and commissioned to the
standards required by West Midlands Fire Service.
- Emergency lighting will be installed and maintained to the
satisfaction of West Midlands Fire Service.
of Public Nuisance
- Signage shall be displayed at exit points throughout the
premises requesting patrons respect residents.
- All external doors and windows shall be kept closed except for
entry and egress.
of children from harm
- All staff will receive training and refresher training every 6
months on their responsibilities with regard to licensing
legislation. Training to be documented and shown to members of a
Responsible Authority upon request.
- Persons under the age of 18 shall not be permitted entry to the
- The Challenge 25 scheme must be operated to ensure that any
person who appears to be under the age of 25 shall provide
documented proof that he/she is over 18 years of age. Proof of age
shall only comprise a passport, photo card driving licence, an
EU/EEA national ID card or similar document, an HM Forces warrant
card, or a card bearing the PASS hologram.
- The premises shall display prominent signage indicating that the
Challenge 25 scheme is in operation.
Finally, any further conditions as are specified on/or
consistent with the Operating Schedule would be attached to the
licence, together with any mandatory conditions required by the
written copy of the decision would be forwarded to all parties
parties had a right of appeal to the Magistrates Court within 21
days of receipt of this decision.