Agenda item

(Director of Corporate Support Services) To consider the attached report (LSC-002-2010/11).

The Assistant Director (Legal Services) presented a report regarding the adoption of a draft policy for the regulation of sex cinemas, sex shops and sexual entertainment venues.

The Assistant Director reported that the Council had adopted the Local Government (Miscellaneous Provisions) Act 1982 so that sex cinemas and sex shops had to be licensed.  The Policing and Crime Act 2010 had amended the Local Government (Miscellaneous Provisions) 1982 Act to allow the Authority to license sexual entertainment venues where relevant entertainment was provided before a live audience for financial gain of the organiser or entertainer. This matter had been reported to the previous meeting of the Licensing Committee but the adoption of the powers needed to be made by full Council. The Council had not adopted a formal policy or standard conditions for the regulation of sex establishments within the  District and the new draft policy would regulate sex cinemas, sex shops and sexual entertainment venues. It was highlighted to the Committee that cases would be referred to the Sub-Committee if Officers felt that it was necessary, even if no objections had been received for the application.

In response to questions from the Committee, the Assistant Director added that the conditions within the draft policy were standard but also very comprehensive. Teaching trade unions would be added to the list of consultees in Appendix 3 of the draft policy. There were no applications for these types of establishments currently in progress.

The Committee was concerned about further protection for rural areas. The Committee was informed that Parish and Town Councils would be notified of any such applications and thus would be able to comment during the consultation period. However, the Committee requested that a comment be added to the draft policy regarding the protection of rural areas. The Committee also suggested that any CCTV installed by such establishments should comply with the Council’s newly adopted CCTV Code of Practice. It was also felt that the amendment to the Local Government Act 1982, allowing the Council to license sexual entertainment venues, should come into force on 14 December 2010 after its adoption by the Council, and that the consultation period on the draft policy and standard conditions should last for a period of three months with a report at the next meeting of the Committee in April 2011.

The Assistant Director was asked if the level of fees stipulated within the report, i.e. £1,500 for the licence application and £750 per renewal, could be set at a higher level. The Committee was informed that the fees could only be set at a level to process the application and undertake inspections. The Assistant Director acknowledged that the cost of undertaking possible undercover inspections had not been considered and undertook to have further discussions with the Environmental Health Inspection Team, before recommending the appropriate level to the Council.

RESOLVED:

(1)        That the amendment to the Local Government (Miscellaneous Provisions) Act 1982 Schedule 3 made by Section 27 of the Policing and Crime Act 2009 to licence sexual entertainment venues be adopted and come into force on 14 December 2010;

(2)        That the following amendments be made to the draft policy and conditions for the regulation of sex shops, sex cinemas and sexual entertainment venues:

(a)        the concern of the Council to provide further protection for rural areas when considering applications for such establishments; and

(b)        all CCTV systems installed by such establishments to comply with the Council’s adopted CCTV Code of Practice;

(3)        That the draft policy and standard conditions to regulate sex shops, sex cinemas and sexual entertainment venues be consulted upon for a period of three months with a further report submitted to the Licensing Committee at its next meeting on 13 April 2011 to consider any representations prior to adoption by the Council;

(4)        That the schedule of delegations attached to the draft policy be adopted by the Council in a timely manner; and

(5)        That the fees in respect of the issue of a Sexual Entertainment Venue licence be recommended to the Council for adoption pending further discussions with the Environmental Health Inspection Team.