Agenda item

Sex Establishment Licensing Policy

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.

 

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

 

?

Variation Fee £ 800

 

?

Annual Renewal £3200

 

?

Transfer £750

 

(5)

 

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

 

 

?

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;

 

(2)

to adopt the Sex Establishments Licensing Policy contained in Appendix A of the written report subject to recommendation (2) of Cabinet to include Option 1 as follows (Hours of Operation on page 44 refer) –

 

‘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)

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

 

(4)

to approve the following fees and charges -

 

 

?

Application Fee £3900

 

?

Variation Fee £ 800

 

?

Annual Renewal Fees £3200

 

?

Transfer £750

 

Supporting documents: