Issue - meetings

SEX ESTABLISHMENTS LICENSING POLICY

 

 

Meeting: 30/01/2012 - City Council (Item 101)

101 Sex Establishment Licensing Policy pdf icon PDF 59 KB

Cabinet Member: Councillor Michael Leaves

 

The City Council will be asked to consider the Cabinet recommendations. 

Minute 104 (of the Cabinet meeting held on 17 January 2012) and the report of the Director of Place on the sex establishment licensing policy will be submitted.

 

Additional documents:

Minutes:

Councillor Michael Leaves (Cabinet Member for Community Services (Street Scene, Waste and Sustainability)) moved the Cabinet recommendations to the City Council on the Sex Establishment Licensing Policy (Cabinet minute 104 of the Cabinet meeting held on 17 January 2012 and the written report of the Director for People referred).   The proposal was seconded by Councillor Browne.

 

CouncillorPenberthy moved the following amendment which was seconded by Councillor McDonald –

 

To add a new Recommendation 5

 

To implement the outstanding recommendations of the Customer and Communities Overview and Scrutiny Panel on this matter.

 

Following an adjournment, the Assistant Director for Democracy and Governance advised that the amendment was not in order as it negated the original proposal. 

 

The Lord Mayor reminded councillors that personal remarks about officers were not acceptable.    

 

CouncillorPenberthy then moved a further amendment as follows -

 

On page 21 to delete paragraphs (1) and (2) and on page 22 to delete (3).

 

The recommendations to the City Council become (1) and section (b) below becomes a new (2) ‘to implement the outstanding recommendations of the Customer and Communities Overview and Scrutiny Panel.‘

 

The Assistant Director for Democracy and Governance advised that this amendment was also not in order as the City Council could not amend Cabinet decisions. 

 

Following a further adjournment, Councillor Penberthy moved an amendment as follows –

 

(4)

(a)

to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by s.27 Policing and Crime Act 2009, which shall come into force on the 5 March 2012; 

 

 

(b)

to adopt the Sex Establishments Licensing Policy contained in Appendix A of the written report subject to recommendation (5) below; 

 

 

(c)

to approve the scheme of delegation contained in Appendix B of the written report;

 

 

(d)

to approve the following fees and charges - 

 

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Application Fee £3900

 

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Variation Fee £ 800

 

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Annual Renewal £3200

 

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Transfer £750

 

(5)

 

To implement the outstanding recommendations of the Customer and Communities Overview and Scrutiny Panel on this matter, i.e.

 

 

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Hours of opening to included ‘Good Friday’ on a similar basis to Sundays

 

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That residents, chairs of school governors and religious establishments within a specific distance from the proposed sex establishment, as well as the relevant ward members, are notified of any application by individual letter

 

The amendment was seconded by Councillor McDonald.

 

The Assistant Director for Democracy and Governance drew councillors’ attention to the legal advice on pages 30 and 31 of the Cabinet report.

 

Councillor Thompson (Chair of the Customers and Communities Overview and Scrutiny Panel) indicated that the legal advice set out in Cabinet report had not been available at the meeting of the panel.

 

Following a debate, the amendment was put to the vote and the amendment was lost.

 

The main motion was debated and following a vote, it was agreed -

             

(1)

to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by s.27 Policing and Crime Act 2009, which shall come into force on the 5 March 2012;  ...  view the full minutes text for item 101

Meeting: 17/01/2012 - Cabinet (Item 104)

104 SEX ESTABLISHMENT LICENSING POLICY pdf icon PDF 1 MB

The Director of Place will submit a written report on a proposal to adopt new legal provisions which will provide the Council with the ability to have a greater level of control on the position and operation of sex establishments together with an associated licensing policy, which has been open to public consultation.

The recommendations of the Customers and Communities Overview and Scrutiny Panel on the draft policy will also be submitted.

 

Minutes:

The Director of Place submitted a written report indicating that -

 

(a)

recent legislative changes had provided the Council with the ability to have a greater level of control on the position and operation of sex establishments; 

 

(b)

businesses operating lap dancing and similar operations would now come under the same licensing system as sex shops and sex cinemas;

 

(c)

 

the Council would need to adopt the new legal provisions and an associated licensing policy to apply the provisions;

 

(d)

 

public consultation had been undertaken on a draft policy and the report set out the results of the consultation;

   

(e)

the recommendations of the Customer and Communities Overview and Scrutiny Panel following a review of the consultation findings and the draft policy.

 

Councillor Michael Leaves (Cabinet Member for Community Services (Street Scene, Waste and Sustainability) presented the report and proposed approval of option 1 as set out in paragraph 5.1 on page 76 of the agenda papers, in relation to opening hours.  He also proposed that recommendation (2) of the Customer and Communities Overview and Scrutiny Panel was not supported for the reasons stated in the officer’s report.  The proposals were seconded by Councillor Ricketts.

 

Agreed that –

 

(1)

recommendation (1) from the Customer and Communities Overview and Scrutiny Panel regarding the condition on opening hours as outlined in paragraph 5.1, is not supported;

 

(2)

Option 1 is included within the Sex Establishments Licensing Policy and recommended to City Council as follows –

 

 

‘The Council will apply hours of operation that are commensurate to the existing use of the area and its effect on the locality. There shall normally be no operation of licensable activities on Sundays and Good Friday (06.00 am to Midnight), Christmas day or Easter Sunday. Alternative opening restrictions may be put into place dependant on the character of each locality and representations received’

 

(3)

recommendation (2) from the Customer and Communities Overview and Scrutiny Panel regarding notification of applications as outlined in paragraph 5.2 is not supported;

 

(4)

 

the City Council is Recommended  to resolve the following - 

 

(a)

to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by s.27 Policing and Crime Act 2009, which shall come into force on the 5 March 2012;

 

 

(b)

to adopt the Sex Establishments Licensing Policy contained in Appendix A of the written report subject to recommendation (2) above;

 

 

(c)

to approve the scheme of delegation contained in Appendix B of the written report;

 

 

(d)

to approve the following fees and charges -

 

 

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Application Fee £3900

 

?

Variation Fee £ 800

 

?

Annual Renewal Fees £3200

 

?

Transfer £750