REGULATORY & APPEALS COMMITTEE
28 September 2010
Present:
Councillors Ray Newell (Vice-Chairman in the Chair), Colin Brotherton, Gerry
Clare, David Lingard and Raymond Singleton-McGuire
Officers: Principal Licensing and Land Charges Officer and Senior Democratic
Services Officer.
41.
APOLOGIES
Apologies for absence were received from Councillors Alison Austin,
Elizabeth Barker, Peter Bedford, Tony Clarke, Dave Hobson, Peter Jordan,
Brenda Owen, Helen Staples and John Storry
42.
MINUTES
The minutes of the Regulatory & Appeals Committee meetings held on 9 and
18 August 2010 were signed by the Chairman as a correct record.
43.
LICENSING OF LAP DANCING AND OTHER SEXUAL
ENTERTAINMENT VENUES
The Principal Licensing and Land Charges Officer introduced a report on the
licensing of lap dancing and other sexual entertainment venues.
The Policing and Crime Act 2009 (Section 27) amended Schedule 3 of the
Local Government (Miscellaneous Provisions) Act 1982, to bring lap dancing
and pole dancing clubs and similar venues under the licensing regime set out
in the 1982 Act, currently used to regulate establishments such as sex shops
and sex cinemas.
Section 27 came into effect on 6 April 2010. Following this date, local
authorities had 1 year to resolve to adopt Schedule 3 to the 1982 Act as
amended by the 2009 Act so that it had effect in their area.
If the Council resolved not to adopt the amended legislation there would be no
authority to control the provision or running of any Sexual Entertainment
Venue in any locality except in accordance with the 2003 Act. This would
mean that the Council would not be able to limit the number of Sexual
Entertainment Venues nor would it be able to attach any conditions
specifically relating to the provision of sexual entertainment.
Adoption was a matter for full Council on the recommendation from the
Regulatory and Appeals Committee.
If the Council failed to adopt Schedule 3 within 12 months of the legislation
taking effect, it would then have to carry out a full public consultation exercise
as soon as reasonably practicable regardless of whether the council intended
to adopt the legislation or not.
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In response to Member comments, the Principal Licensing and Land Charges
Officer advised the Committee that approval of the conditions was not being
sought; they were appended purely to give an idea of the conditions that could
be added if the policy was adopted. If it was adopted, a policy would be
drawn up and brought back to the Committee for consideration.
The Council could ignore or adopt the legislation. However, if it was not
adopted by April 2011, the Council would have to go out to public consultation
in order to justify this. Adopting the legislation gave control to the Council. If
the legislation was not adopted, such venues could be set up in any case and
the Council would have no control over them. These venues were a recent
phenomenon and the Government had introduced the legislation in
recognition of the need to control them.
Members agreed that the Council needed to be in a position to control the
sexual entertainment venues.
With respect to fees, the Principal Licensing and Land Charges Officer
advised the Committee that these were charged on a full cost recovery basis
only, i.e. the cost of the whole scheme.
RESOLVED That:
1. The adoption of the amended provision of Schedule 3 of the Local
Government (Miscellaneous Provision) Act 1982 be approved in
respect of the licensing of Sexual Entertainment Venues.
2. A recommendation be made to full Council to adopt the amended
provisions of Schedule 3 of the Local Government (Miscellaneous
Provisions) Act 1982 at its meeting on 15 November 2010 and specify
a date when that amendment shall come into force (31 March 2011).
(The meeting ended at 2.40 pm)
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