Truro's
sex shop will stay open for the short term despite the Christian
Institute's (CI) attempts to stop it trading immediately.The
High Court threw out the mean minded action brought by the
nutter group and city councillor Armorel Carlyon against the Mrs
Palm sex shop.
The shop was given a licence in September last year by the
new unitary authority, Cornwall Council, who had overturned the
previous Carrick District Council's zero sex shop policy.
However nutter pressure resulted in a change of heart about
granting the licence, and the council somehow obtained new, and
unlikely sounding, legal advice that the new council should not
have overruled the old council. The council withdrew the shop's
licence, but perhaps realising the somewhat shaky ground and
unfairness to the shop, granted a licence waiver. This allows
the shop to continue trading until the whole mess is examined by
the High Court in a Judicial Review on 21st September 2011.
However the christian busy-bodies couldn't wait this long,
and asked the court to terminate the waiver. but the Hon
Mr Justice Hickinbottom ruled in favour of Cornwall Council's
decision to grant the waiver. The CI was also ordered to pay
Cornwall Council's costs in full, estimated at
£8,000.
The judge also stayed the scheduled judicial review into the
granting of the licence, effectively saying that the licensing
process was followed correctly and that the licence stands
without need of further review.
Joint owner of the shop, Braxton Reynolds said:
I'm relieved that Mr Justice
Hickinbottom found in favour of the decision of the council
that the business, for which no regulatory issues at all
have been raised, should be allowed to trade and that it
would be unfair and unreasonable to stop us trading for a
few weeks. It would be commercially inappropriate.
Speaking after the High Court ruling Mike Judge, head of
communications at CI, said:
We're disappointed because we felt
having accepted that granting of the licence was unlawful,
and particularly because of the location, it shouldn't be
allowed to remain open without a licence.
The legislation says the council
has to take into consideration the suitability of the
location. If right next door to a school uniform shop is
regarded as somewhere suitable then anywhere is suitable, it
makes a mockery of the law.
Rather bizarrely, the redetermination of the licence
hearing is expected to take place on September 7 in St Austell, a couple
of weeks before the High Court Judicial Review on 21st
September.
Update: A Miserable Christian Voice
2nd September 2011. See article
from christianvoiceuk.blogspot.com
Stephen
Green's Christian Voice have written on their blog:
Oppose Sex-Shop in Cornwall
Christian campaigners are praying
for a large turn-out in St Austell on Wednesday 7th
September for the hearing of a sex-shop application.
The meeting will be held in
Restormel District Council Chamber, 39 Penwinnick Road, St
Austell, PL25 5DR, at 10.00am. The sex-shop itself is in
Little Castle Street, Truro, next to a shop selling school
uniforms about 200 yards from the Cathedral.
PRAY: For a large number of
Christians and concerned parents and residents to attend the
licensing committee on 7th September. That the Licensing
Committee will overturn its previous decision and refuse a
license for the sex-shop. Pray for the fear of God, or at
least some consideration of the welfare of children, to
inform the committee.
WRITE: The time for formal
objections having passed, write or email the members of the
Miscellaneous Licensing Committee being respectful but firm
in urging them to reject the proposal for a sex shop in
Truro as inappropriate for the City and locality.
Update: Licensed Again
9th September 2011. See article
from christian.org.uk
A sex shop licence has been granted for a second time to the
Mrs Palm sex shop. However, the sex shop failed to get
permission for an expansion.
The licensing committee of Cornwall Council decided to rehear
the application, after it changed its mind about awarding the
previous licence. Nutter pressure had led to supposed concerns
that it should have followed policy set by the outgoing council.
After rehearing the application yesterday, the licence was
granted despite some local nutters and Truro City Council being
opposed to the move.
Responding to news that the licence has been granted for the
second time, The Christian Institute's Mike Judge said:
We're obviously disappointed at the
result. It's a decision that ignores local democracy, and
ignores common sense. The law gives local authorities the
power to refuse sex shop licences for locations that are
unsuitable. If next door to a school uniform store isn't
unsuitable, I don't know what is.
Mrs Palm manager Nicky Hewett said:
It had been a testing few months.
No-one that has actually come into the shop has ever found
anything offensive in here at all, everything is licensed
goods and we are lawfully allowed to sell them.