(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 –

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two sex shops;

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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).

(1)

the adoption of Schedule 3 of the Local Government (Miscellaneous Provisions) Act, 1982;

(2)

the content of the draft Sex Establishment Licensing Policy with the inclusion of the following -

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(hours of opening) to include ‘Good Friday’ on a similar basis to Sundays;

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(notification) that residents, chairs of school governors, religious establishments within a specific distance from the proposed sex establishment, as well as the relevant Ward Councillors, are notified of any application by individual letters.