Agenda item

To consider the report of the Assistant Director Environment.

(Report circulated)

The Licensing Solicitor presented the report proposing the adoption of the amendments made to Schedule 3 Local Government (Miscellaneous Provisions) Act 1982 (“the 1982 Act”) by section 27 Policing and Crime Act 2009 (“the 2009 Act”) to allow the regulation of lap dancing and other sexual entertainment venues. The report also proposed the adoption of a policy in respect of the regulation of sex establishments, including sexual entertainment venues.

Members were advised that these powers were not mandatory and would only apply where adopted by local authorities.  Where adopted, these provisions would allow local authorities to refuse an application on potentially wider grounds than was permitted under the Licensing Act 2003 and would give local people a greater say over the regulation of lap dancing clubs and similar venues in their area. The draft policy reflected the current position and it was proposed that the policy remained as the status quo. The proposed pool of conditions would give the Council tighter control over such establishments.

A Member circulated information regarding the issue of an equality impact assessment (EIA); proposed amendments/additions to the reasons for refusing application in the cumulative impact zone (CIZ) and the administrative area where the number of sex establishments shall be nil; and proposed amendments and additions to the conditions for the protection for workers against their being exploited, these being suggested by Philip Kolvin, QC. She stated that it was import to ensure that the policy was robust to protect against any challenge and that workers were protected.

The Licensing Solicitor advised that the Principal Licensing Officer had untaken an EIA; the number of establishments defined in the policy and statutory legislation set out in paragraph 12 schedule 3 of the Local Government (Miscellaneous Provisions Act) 1998 parts (c) and (d) which make reference to the character and nature of a locality would offer the Council grounds to refuse an application and any challenge to that decision. To add reasons to the nil limit for the administrative area could potentially open up the Council to challenge. The suggested amendments and additions to the pool of conditions could be included in the policy although with the proviso of ‘as far as they were enforceable’ included. The area in which the limit of one sex establishment policy applied was based on the CIZ under the Licensing Act 2003 and this in turn was based on the night time economy at this present time.

The area in which the nil policy applied could be changed to reflect any developments.

The Corporate Manager Legal Services advised that a report on EIA could be brought back to this Committee at a later stage and this would not prevent the policy from being adopted. The more detailed reasons the Council sets out for refusing an application the more likely that any refusal could be opened to be challenged.

RESOLVED that Schedule 3 of 1982 Act as amended come into force on 3 September 2012 and the Sex Establishment Policy as amended be adopted as set out in the report with amendments and additions to the pool of conditions (as far as they are enforceable) as circulated at the meeting.

(Report circulated)