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SEX IN OUR CITY
SEX IN OUR CITY - Ben Tisdale - 6th September 2008- AIW News
Frankston Council has lost at the Victorian Civil and Administrative Tribunal (VCAT) to stop a sex shop opening in Lathams Rd Carrum Downs. Council took almost a year in assessing the application by Mr Scott Gowans CEO of the Sextastic Adult Variety Store group. Finally after being frustrated by lack of action Mr Gowans applied to VCAT for a permit on the grounds that Frankston Council failed to make a decision within the prescribed time frame. The site at 35 Lathams Rd is to be used as the new corporate headquarters for the growing adult retailer and it includes a huge warehouse and offices as well as the 300 sq metre shop. Tribunal member Alison Glynn said that the Council also had no grounds in it’s attempt to restrict the hours to ‘normal’ retail hours of operation. “The industrial area is developing and I consider is likely to develop more substantially over the coming five years, making the site somewhat less isolated. I find (the hours) not excessively late and note that other similar premises approved both by the Tribunal and Council have later trading hours.” Tribunal also said that Council had no right to enforce Sextastic to block out all windows so that passerby’s could not see into the store. “(Council) indicated that the intent of the condition was that no window display would occur, thereby requiring windows to be blanked out with paint or curtains.” However Mr Gowans said,” He indicated this was the preferred model of trading (open windows) as it reduced security issues with staff and clients being unable to see out of the store and reduced the premises from being viewed as clandestine or subversive.” The Tribunal agreed and said “I do find that simply blanking out windows would reduce safety for patrons and staff of the premises. Provided displays are not of a sexually explicit nature displays are unlikely to viewed very differently to a lingerie shop or party hire shop (or combination of the two).
Mr Gowans said that the store will be open in late October, and he hoped that he could now work in with Council to get on with running his business “ We plan for an October 23rd opening and after a long discussion with Council I think we can now supply some plans that will ease their concerns about the window displays and the trading hours. At the end of the day it is not about us versus them, it is all about fitting into a community and then having the community choose whether to come into the store or not.” This is an amazing store that is bright, modern, funky and has heaps of adult concepts and sexual health suggestions that can benefit all adults. It will have an inviting atmosphere unlike the dark old shops that people are used to.” Sextastic has other stores in Hallam, Mordialloc, Morwell and Pakenham and has plans for 8-10 more stores in 2009. The industry is booming and planning schemes seem powerless to stop the spread of sex shops in our cities.
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SEXTASTIC MORWELL
NEW SEX SHOP IN TOWN - Anne Ellis - 17th October 2008
A NEW SEX SHOP has opened in Morwell.
The Sextastic Adult Variety Store Chain has opened a brand new store in Tarwin St Morwell. The site used to be the Barefax Adult Store however Sextastic purchased the site in June this year and after extensive renovations the store is now open. Managing Director Jodie Gowans says that Gippsland needs a bright funky store that gives customers a great shopping experience. “ We are very proud of the way the store has come up, it will not only be a well stocked store for regular adult shop customers, but also a non confronting environment for first time adult shoppers.” Sextastic have 4 other stores in Victoria and expansion plans that befit the Morwell premise they have opened. The operators have used a mix of bright funky colours and clever stock mixes which includes spray tanning and a great selection of lingerie. While visiting the store it was obvious that locals thought the same with the sound of laughter and rustling of shopping bags making the atmosphere seem like any other retail store. Sextastic Morwell is open at 37 Tarwin St Morwell and yes I will be back!
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SEXTASTIC BERWICK
Jodie and I would like to thank everyone for the support with our application for Enterprise Avenue Berwick.
Our children go to a local school in the area and it is very heart warming when other parents comment on how disappointed they are with both Council and Steven Smith the main objector who owns Funtastic Gymnastics down the road from the proposed store. Although we obviously have conflicting views with the application I would like to say that we don’t support the boycott of his business as some parents have offered to do.
We live in a great country and thank god free speech and different opinions can be aired without being stoned or shot! So please show your support for us with your custom, but don’t give Steve any grief. Casey Council rejected our application on the basis that it was too close to the kids Gym, but our advice is that we have a strong case, so again we are off to VCAT to fight for what we feel is right.
We will keep you updated.
Scott
It has been interesting with lots of local press, we have posted some articles on here for you to read:
06/02/08 Berwick Leader - Pastor against sex shop
20/02/08 Cranbourne Leader - No to sex
06/06/08 Berwick Leader - Love come to town
No sex shop - By Paul Pickering 2nd April 2008
Casey Council has emphatically refused an application to open an adult sex bookshop in Berwick Village.
CASEY Council last week refused an application to establish an adult sex bookshop in Berwick Village, revealing that several of the submissions received in support of the proposal did not appear to be legitimate.
Applicant Scott Gowans sought to convert a vacated factory on Enterprise Avenue into the third retail outlet for his Sextastic Adult Variety Stores chain.
The outlet was to sell sexually explicit literature, videos, lingerie and other sex aids. After the proposal was advertised late last year, the council received 23 objections, including a petition signed by 138 people.
A report endorsed by Casey’s planning committee last week indicated that the majority of objectors believed the store would be inappropriate given its proximity to family facilities such as the nearby children’s gymnastics centre.
According to the report, many objectors suggested that “the name of the adult sex bookshop, Sextastic Adult Variety Store, would most likely be confused - in the minds of parents - with Funtastic Gymnastics.”
Given the presence of minors, the objectors also raised concern about the proposed display of sexually explicit goods in the store window.
On those grounds, the report’s recommendation that the application be refused was endorsed by the council without discussion on Tuesday 25 March.
But the report also questioned the legitimacy of some of the submissions offered in support of Mr Gowans’ application.
Mr Gowans provided 96 submissions of support, including two petitions containing a total of 276 signatories.
But, as the report states, the council’s attempts to verify the submissions were inconclusive. “It should be noted that of the submissions in support of the application, council was contacted on four separate occasions - by either owners of the properties or family members – advising that they were unaware of the submission made on their behalf,” the report says.
Casey’s planning manager Duncan Turner last week stopped short of accusing Mr Gowans of fabricating the submissions, only confirming that the council had been advised that the submissions were “allegedly falsified”.
Mr Gowans, however, offered to explain the misunderstanding.
Mr Gowans said that customers of his other stores – in Pakenham and Mordialloc – had written submissions of support without telling their partners, particularly in the lead-up to Valentine’s Day. So, he said, when the council called to verify the submissions, the partners or family members had no knowledge of the submissions attributed to their address.
Mr Gowans said he was disappointed with the council’s decision to refuse the application, but he was yet to decide whether he would lodge an appeal with the Victorian Civil Administrative Tribunal.
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SEXTASTIC BERWICK UPDATE
VCAT rejects sex shop plan - 29 Jul 08 @ 02:02pm by Troy Kearns
A BATTLE to build a sex shop in an industrial estate in Berwick appears to be over, with the state planning tribunal rejecting the idea.
The tribunal gave the thumbs down to a plan by Scott Gowans to open a Sextastic outlet in Enterprise Ave.
Mr Gowans said the rejection was primarily because there was no clear buffer zone between the Sextastic car park and that of children’s gym Funtastic Gymnastic almost next door.
Mr Gowans said he was disappointed with the outcome. “I’m pretty disheartened,” he said.
In April, the Leader reported Casey Council had rejected the idea.
The council decision came amid mounting pressure from outraged traders in the commercial estate.
Enterprise Ave trader and Funtastic Gymnastic owner Steven Smith had been an outspoken critic of Sextastic from the start. “It was basically going to be next door,” he said.
“We’ve got 450 kids coming through the doors each week so it would be inappropriate for an adult store to be so close.”
Casey manager planning Duncan Turner said the central basis for the council’s refusal of Sextastic’s permit application was the close proximity of the proposed adult book shop to sensitive uses such as a children’s gymnasium.
“At the hearing, VCAT upheld the council’s decision regarding Sextastic,” he said. “However the council has not yet received the written reasons for the tribunal’s decision.”
Mr Gowans said he was already negotiating with the landlord about another potential site in Berwick.
But Mr Gowans was tight-lipped about the site.
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SEXTASTIC CARRUM DOWNS
Well we are a few months away from knowing if we can get a permit for our store at Carrum Downs.
Our fate lies with VCAT as the Frankston City Council failed to make a decision on our application. VCAT called the council before it last Friday for a directions hearing and gave them a wrap over the knuckles for failing to do anything at all with the application. We are in good hands with a planning barrister and a planning firm who handle our VCAT hearings.
So with any luck we will have the store open in August, we have already had an offer on the store by a perspective franchisee (STP), however this store is not for sale as this will be our training base and new national support operations.
Scott.
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SEXTASTIC PAKENHAM
As you may have read in the various newspapers we had our application for a permit refused by the Cardinia Shire Council. We believe the decision to be wrong and we are taking our cause to VCAT in November. We want to open in Pakenham and all being well we will be open in December ready for Xmas. We have had amazing support from our customers in the region and from others in the local community. Here is a copy of the articles published in the ‘Pakenham Gazette’.
Paul Dunlop - 6th July 2006
A BID to open a second sex shop in Pakenham has been knocked back by Cardinia Shire Council.
Councillors at their town planning meeting on Monday refused to permit Jodie Gowans, owner of Sextastic in Hallam, to open another store in the Michael Street industrial estate.
Councillors said the proposal was too close to future residential development.
Cr Ed Chatwin also voted against the application on moral grounds. He said adult bookshops went “to the dark side of the human psyche”.
“I find it objectionable and I object,” Cr Chatwin said.
Councillors had earlier this year approved albeit reluctantly the town’s first adult shop in the Racecourse Road industrial estate.
Ms Gowans had said her shop would be aimed predominantly at the female market, and planned to have female staff and also offer fancy dress hire and spray tanning.
A town planners’ report said Ms Gowans’ proposal generally complied with planning regulations but that land about 180 metres to the north was identified for future housing.
An adult bookshop is not allowed within 200 metres of a residential area.
Councillors agreed with officers’ recommendation that the application be refused.
“This is totally inappropriate for this area of Pakenham,” Cr Brett Owen said.
“We need to look to the future and consider what is proposed very close to this business.”
Fifteen objections were lodged when Ms Gowans’ application was advertised.
Cr Doug Hamilton said he was opposed to a second sex shop in the town. “I’m not sure Pakenham is big enough for one, I don’t believe there is any justification for having two,” he said.
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SEXTASTIC PAKENHAM UPDATE
Paul Dunlop - 29th November 2006
ANOTHER sex shop is coming to Pakenham.
And Cardinia Shire Council has been dealt a slap by the state planning umpire.
In a decision hailed as a vindication by operators of the Sextastic chain of stores, the Victorian Civil and Administrative Tribunal (VCAT) overturned opposition to plans for a new women orientated adult shop in Michael Street.
The council in July had refused to grant a permit for the adult bookstore, the second in what some councilors said was an alarming trend.
But tribunal members Rachel Naylor and MaryAnne Taranto cast aside the council’s decision. Councilors had claimed the proposal was too close to future housing development and would jeopardise proper planning for the area. But VCAT said the Sextastic store’s location complied with a 200 metre buffer zone required between an adult bookshop and a residential area. A shop selling adult products, lingerie and novelties as well as offering spray tanning and other health and lifestyle services was not out of place in the predominantly industrial area, the tribunal found.
Sextastic managing director Jodie Gowans welcomed the decision, saying she was very happy. Ms Gowans said the new store was expected to open before Christmas.
“This is the second time Sextastic has been before VCAT and it has been successful both times,” Ms Gowans said. “We have always remained focused on the fact that our application met the criteria set out for opening a store in the Cardinia Shire.”
Fifteen objections had been lodged by business operators and nearby residents.
Objectors said people visiting other shops and services would be put off by a sex shop in the area. Ms Naylor and Ms Taranto were critical of the lack of detailed planning council had done for that part of town. The tribunal members said the area suffered from a policy vacuum. They said it was unclear exactly what was ahead for the fast developing area north of the Princes Highway from the Cardinia Life aquatic and recreation centre. The tribunal was concerned that the council appeared to be relying on a planning strategy that was six years old and quickly becoming out of date. “There is a distinct lack of strategic planning for the future growth of Pakenham, particularly the area north and west of the review site, and the council’s grounds of refusal are insufficient justification to refuse this proposal,” the tribunal report said. “We are not persuaded the approval of this proposal will prejudice the proper future planning of the area.” Ms Gowans said Sextastic aimed to change people’s perception of adult shops. “We focus on store layouts that make the shop a fun, friendly place for adults,” she said. “We want to fit into the Pakenham community and surrounding area not only by employing local people but supporting local issues.”A pre Christmas opening is expected. |
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FRANCHISES AVAILABLE
Want to know more about Sextastic Franchises? Click Here for details.
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