Name

Subject

Reason

Interest

Councillor Martin Leaves

Minute 17 – Sex Establishment Licensing Policy

Earns income from the night time economy

Personal

Councillor John Smith

Minute 17 – Sex Establishment Licensing Policy

Earns income from the night time economy

Personal

Councillor McDonald

Minute 17 – Sex Establishment Licensing Policy

Ward Councillor made submission to the draft policy

Personal

Dr A Jellings

Minute 16 – Plymouth Life Centre and Leisure Related Projects Programme Update

Employed by University of Plymouth

Personal

(a)

Supporting People had been referred to the panel for scrutiny; 

(b)

a task and finish group on locality working had been held over two days at which the panel had been represented by the Chair.

(a)

Plymouth Life Centre –

—

the handover to the Leisure Management Operator would take place in mid November which would result in the fit out being complete in mid January 2012 (which took account of a three week shutdown over the Christmas period);

—

it was envisaged that the building works would be complete on programme in November 2011 (with the subsequent handover of the building on 16 January 2012); the building would be open to the public in early February 2012;

(b)

Leisure Management Contract –

—

the Leisure Management Contract had been signed on 20 May 2011; the authority had been working with SLM to develop their mobilisation proposals and to begin to meet with staff from the various organizations that would TUPE transfer to SLM for the duration of the contract;

—

SLM had appointed its Contract Manager, David Greenwood;

—

regular progress updates were being held with both the Trade Unions and staff groups;

(c)

Brickfields –

—

following discussions, it has been agreed to grant a lease to the Devonport Community Leisure Limited with a further sub-lease being granted to SLM for the management and operation of the building;

(d)

Skateboard Park -

—

the revised skate park design had been issued to planning (a few minor amendments had been requested); following completion of these amendments an amended planning application had been submitted;

(e)

Plymouth Pavilions

—

a competitive dialogue exercise had commenced for the procurement of a private sector partner for the delivery of ice and arena facilities; the programme to secure a partner would result in an appointment in early 2012.

(f)

the Devon Audit Partnership had been involved in this process and a member of the partnership had also sat on the Executive Programme Board, to oversee the award of the contract;

(g)

Sport and Leisure Management (the leisure management operator) would be monitoring users of the Plymouth Life Centre, to identify those areas of the city that were under-using the facility (marketing campaigns would be used to target these areas); this would assist the operator in meeting the targets set by the Council within the leisure management contract;

(h)

the Plymouth Life Centre was considered to be easier to access than the Pavilions;

(i)

the Plymouth Life Centre offered significantly improved swimming facilities than were currently available at the Pavilions;

(j)

the Council had been in discussion with such user  ...  view the full minutes text for item 16.

(a)

Schedule 3 of the Licensing Government (Miscellaneous Provisions) Act 1982 had been amended under the Policing and Crime Act 2009, to include sexual entertainment venues;

(b)

the new legislative controls available to the licensing authority strengthened the role that local communities played in deciding whether a sex establishment venue was appropriate for a particular locality;

(c)

if the Council adopted the provisions, there would be a transitional period where existing operators and new applicants could apply for licences under the new law;

(d)

the Council currently licensed –

?

two sex shops;

?

three premises with the facility for lap dancing controlled by the Licensing Act 2003 (currently two premises were operational);

(e)

the consultation process had included a wide range of consultees including individuals, groups, ward councillors, members of Team Plymouth and press releases; (a total of 45 responses had been received);

(f)

the regulator had to have regard the principles contained in the Statutory Code of Practice which included economic progress and risk assessments;

(g)

the proposed fee levels would be as follows (subject to Cabinet approval) -

application fee £3900;

variation fee £800;

annual renewal fees £3200;

transfer £750;

(h)

there would be no Sunday trading from 6am to midnight on Sunday;

(i)

there was no statutory requirement on the Council to notify residents and businesses of applications; it was proposed to notify ward councillors of applications within their ward or adjacent wards where appropriate.

(j)

existing sex establishments had to apply for a licence under the new legislation; the application would be determined by the Council’s Licensing Sub Miscellaneous Committee (if there were concerns regarding the appearance of an establishment, there could be conditions placed on the licence);

(k)

notification of any licensing applications by individual letter to residents would need careful consideration; guidance would need to be provided to address such issues as to which residents would receive such notification (distance from the premises to dwellings) and putting a process in place for those residents who had not been notified; there would be resourcing implications if such a process was introduced which would result in an increase in the proposed level of fees; there was a potential for additional legal challenges;

(l)

the equalities impact assessment had been drafted and would be published together with the Sex Establishment Licensing Policy;

(m)

the European Services Directive required fees to be set at a reasonable level; the current level of fees were relatively high due to the low numbers of licensed premises over which the cost of the administration could be spread (should the number of licence premises increase then the fees would reduce, as failure to reduce the fees whilst making a profit was likely to be challenged).