Licensing and Appeals Committee
19 September 2011
Agenda Item No______6_______
LICENSING OF SEXUAL ENTERTAINMENT VENUES (SEVs)
Summary:
This report revisits the issue of adoption of new
powers relating to licensing of these venues
Conclusions:
Recommendations:
That Members reconsider the matter and
recommend adoption of the relevant new provisions
to Full Council
Cabinet member(s):
Ward(s) affected:
Councillor Trevor Ivory
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
Section 27 of the Policing and Crime Act 2009 introduced new provisions for the
regulation of lap dancing and other sexual entertainment venues by amending
(the Local Government (Miscellaneous Provisions) Act 1982. The new provisions
are not mandatory and only apply where adopted by local authorities.
1.2.
However, if a local authority has not made a resolution to adopt the provisions
introduced by section 27 within 1 year of it coming into force (i.e. by 6 April 2011)
it must as soon as reasonably practicable consult local people about whether
they should make such a resolution
1.3.
Members last considered this matter in May 2010 and decided at that time not to
adopt the provisions. The matter is being brought before the Committee at this
time to reconsider the position.
Licensing and Appeals Committee
19 September 2011
2.
Provisions regarding erotic entertainment
2.1.
“Sexual entertainment venue” means any premises at which relevant
entertainment is provided before a live audience for the financial gain of the
organiser or the entertainer.
2.2.
“Relevant entertainment” means any live performance or live display of nudity
which is of such a nature that, ignoring financial gain, it must reasonably be
assumed to be provided solely or principally for the purpose of sexually
stimulating any member of the audience (whether by verbal or other means).
2.3.
It is expected that the definition covers
o
o
o
o
o
o
Lap dancing
Pole dancing
Table dancing
Strip shows
Peep shows
Live sex shows
2.4.
The definition of sexual entertainment venue allows exemptions where relevant
entertainment is provided on not more than eleven occasions within the period
of 12 months and no such occasion lasts for more than 24 hours. Such premises
will continue to be regulated under the provisions of the Licensing Act 2003.
2.5.
Adoption of the new powers allows local authorities to impose more stringent
conditions on licences for sexual entertainment venues. It does not automatically
mean local authorities will be able to ban applications for such licences – each
case would need to be treated on its merits.
3.
Implication relating to the adoption decision
3.1.
Venues in North Norfolk have had events of this type in the past on an occasional
basis but officers are not aware of any venues which regularly hold this
entertainment. Additional controls and conditions covering best practice could not
be imposed but most of the key points have been voluntarily agreed by those
involved. That might not always be the case in future.
3.2.
Adoption of the powers will give the Council greater control over premises which
hold such entertainment in the future. There are no financial implications to the
Council of adopting the provisions. Since there are no current venues affected at
the present time then there are no immediate implications (financial or otherwise)
for premises owners either.
3.3.
If the provisions are adopted and premises owners wish to apply for relevant
permissions in future they will be required to pay the appropriate licence fee at
that time.
3.4.
If the Council resolves not to adopt the provisions at this time then a formal public
consultation exercise must be undertaken. This will involve a range of
representative groups and take 12 weeks. It will have resource (and therefore
financial implications) for the Council in officer time devoted to the exercise
Licensing and Appeals Committee
3.5.
19 September 2011
There is no evidence to suggest that adoption of the powers will lead to an
increase in this type of activity and most neighbouring authorities have already
adopted the provisions.