Agenda Item No
The Vale of Glamorgan Council
Licensing Committee Tuesday 13th September 2011
Report of the Director of Legal, Public Protection and Housing Services
Sex Establishment Licensing Policy
Purpose of the Report
1. The purpose of this Report is to seek the Committee’s endorsement of the Sex Establishment Licensing Policy.
· THAT the Sex Establishment Licensing Policy at Appendix A to this Report be endorsed.
· THAT the amendments arising from consultation at Appendix B to this Report are noted.
· THAT the Committee provide Cabinet with the approved Sex Establishment Licensing Policy for information.
Reasons for the Recommendations
To ensure the Council has in place a Sex Establishment Licensing Policy which has been developed in line with the Vale of Glamorgan Council’s Public Engagement Framework and the HM Government Code of Practice on Consultation.
2. On 28th February 2011 Council resolved the following:
1. THAT the Council adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by Section 27 of the Policing and Crime Act 2009, and that the provisions come into force on 1st June 2011.
2. THAT the Schedule 3 functions be delegated to the Licensing Committee.
3. THAT officers develop a Sex Establishment Licensing Policy for consideration by the Licensing Committee.
3. On 5th April 2011 Licensing Committee approved a draft Sex Establishment Licensing Policy for consultation and on 1st June 2011 further the Licensing Committee approved a suite of conditions and fees.
Relevant Issues and Options
4. Section 27 of the Policing and Crime Bill introduces a new category of sex establishment under Schedule 3 to the 1982 Act called a “sexual entertainment venue”. This new category covers venues that provide ‘relevant entertainment’. Relevant entertainment is defined as “any live performance or display of nudity which is of such a nature that, it must be reasonably assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience”.
5. The Local Government (Miscellaneous Provisions) Act 1982 provides adoptive powers for local authorities to control by way of licensing ‘sex establishments’ (sex cinemas and shops).
6. Whilst there is no requirement in the 1982 Act for the publication of a Sex Establishment Licensing Policy, it would be of benefit to the Licensing Authority, applicants, and the public, to know the policies that will be generally applied when making decisions on applications. The Policy sets out the types of controls that are available to the Council when decisions are made.
7. The draft Sex Establishment Licensing Policy was subject to a 12 week consultation which finished on Monday 4th July 2011.
8. The comments and amendments were considered and are detailed in Appendix B to this Report.
Resource Implications (Financial and Employment and Climate Change if appropriate)
9. Resources directed to the administration and enforcement of the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Policing and Crime Act 2009 function may be recovered through fees and charges.
Legal Implications (to Include Human Rights Implications)
10. The legislation contains no Policy requirements or prohibitions. This enables the authority to adopt a non-statutory policy to meet the needs of its own area, through presumptions, criteria, conditions and guidelines.
Crime and Disorder Implications
11. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime and disorder implications whilst regulating licensing activities. We must have due regard to the likely effect of the exercise of those functions on the need to do all we can reasonably do to prevent crime and disorder in our area.
Equal Opportunities Implications (to include Welsh Language issues)
12. The policy will be translated into the Welsh language. It will be available on the Council’s website and on request in hard copy, large print and in audio formats.
13. This report supports the Corporate Priority of Community Safety - ‘to work with partners to make the Vale of Glamorgan a safer environment free from crime and disorder and the fear of crime through prevention and positive action’ and the following Public Protection Service Objectives:-
To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare.
To maintain a fair and equitable trading environment.
Policy Framework and Budget
14. The proposals in this report are in accordance with the Policy Framework and Budget.
Consultation (including Ward Member Consultation)
15. The consultation on the policy was carried out between 11th April 2011 and 4th July 2011. The consultation was advertised on the Vale of Glamorgan website and in the Gem newspaper.
16. Consultation was conducted with Town Councils, Elected Members, Citizens Panel, responsible authorities under the Licensing Act 2003 and holders of premises licences under the Licensing Act 2003 within the Vale of Glamorgan.
Relevant Scrutiny Committee
17. Housing and Public Protection.
Local Government (Miscellaneous Provisions) Act 1982 Schedule 3
Policing and Crime Act 2009
‘Sex Licensing’ Philip Kolvin QC
Kate Thompson, Principal Regulatory Services Officer. 01446 709105
Peter H. Evans, Director of Legal, Public Protection and Housing Services.