Sex shop’s VCAT win

By Paul Dunlop
PAKENHAM’S new sex shop has been allowed to stay open longer – but its owner says closing time is still too early.
The Victorian Civil and Administration Tribunal (VCAT) recently allowed Adult Sensations to extend its operating hours to 9pm seven days a week.
The decision overturned a condition placed on the business by Cardinia Shire Council which had required it to close by 6pm.
Adult Sensations operator Neil, who asked that his surname be withheld, welcomed the result but maintained his shop should be open even later.
“Every other adult store in Australia is open until midnight,” he said.
“I believe I am being discriminated against.
“Small businesses have enough problems – I don’t need this.”
Neil said the restrictions and resulting lack of business had put him $58,000 in the red.
He was also angry that councillors, who permitted – with some misgivings – his shop in January, had restricted his ability to trade on Sundays and stopped him from erecting signs visible from Racecourse Road.
The business was also not allowed to put a sign on the Pakenham Industrial Park board, which lists most other businesses in the estate.
“Council seems to think it’s a taboo industry but it’s not at all,” Neil said.
“Gone are the days when adult shops were dark, dingy stores for men in trench coats.
“My customers are couples and families.”
VCAT senior member Gerard Sharkey upheld Neil’s concerns about signage.
Adult Sensations can now have an A-frame sign at the entrance to the industrial park and be part of the business listings.
But Mr Sharkey said the council had acted reasonably and that changing permit conditions did not make its decision wrong.
He ruled out compensation for the financial loss the business had claimed because it had not been given the chance it needed to successfully get off the ground.
Cardinia Shire Council representative Ian Ferey said the hours imposed on the permit were considered reasonable and followed normal retail hours.
Meanwhile, the council is due to decide on Monday an application for another adult shop in Pakenham.
Jodie Gowans, owner of Sextastic in Hallam, has applied to open a shop catering for women and their partners in Michael Street, Pakenham.