Issue - meetings

This report asks Council to consider and approve the Statement of Policy in respect of Sex Establishments and Sexual Entertainment Venues following changes to the Local Government (Miscellaneous Provisions) Act 1982 introduced by the Policing and Crime Act 2009 in respect of Sex Establishments and Sexual Entertainment Venues.

Discussion:

This report asked Council to consider the draft Policy Statement proposed following changes to the Local Government (Miscellaneous Provisions) Act 1982 introduced by the Policing and Crime Act 2009 in respect of Sex Establishments and Sexual Entertainment Venues.

Councillor O’Brien, supported by Councillor Jarrett, proposed the recommendations set out in the report.

Decision:

(a)               The Council adopted Section 27 of the Policing and Crime Act 2009 with the first appointed day being set as 1 April 2011.

(b)               The Council adopted the Statement of Policy in respect of Sex Establishments and Sexual Entertainment Venues, as set out in Appendix 1 to the report.

(c)               The Council approved the amendments to the Licensing and Safety Committee’s Terms of Reference, as set out in Appendix 2 to the report.

(d)               The Council approved an addition to the Employee Scheme of Delegation (part 4 of chapter 3 of the Constitution), as set out in Appendix 3 to the report, so that the Assistant Director, Housing and Corporate Services is delegated authority to grant any applications whereby no representations have been received and the Assistant Director is able to agree suitable conditions with the applicant (to take effect from 1 April 2011).

(e)               The Council noted that the Licensing and Safety Committee will consider the options for a Sub-Committee to decide on applications where there have been relevant representations received in relation to an application or where conditions have been proposed by officers but not accepted by the applicant.

(f)                 The Council revoked its decision of 27 November 2002 which set a limit on the number of sex establishments licenses allowable to be a maximum of two within the Medway area, for the reasons set out in paragraphs 8.3-8.7 of this report.

This report asks the Licensing & Safety Committee to consider the draft Policy Statement proposed following changes to the Local Government (Miscellaneous Provisions) Act 1982 introduced by the Policing and Crime Act 2009 in respect of Sexual Entertainment Venues.

Discussion:

The Business Development and Licensing Manager presented a report that asked the committee to consider the draft Policy Statement proposed following changes to the Local Government (Miscellaneous Provisions) Act 1982 introduced by the Policing and Crime Act 2009 in respect of Sexual Entertainment Venues (SEVs).

It was noted that the draft Statement of Policy in respect of Sex Establishments had been correctly advertised as part of a 6-week consultation a local newpaper, on the Council’s website and at local offices.

Two responses had been received, one of which agreed with the statement and the other had no further comments to make.

Members were concerned that the legislation did not allow individuals to object to such applications under moral grounds and asked officers to confirm the effects that this legislation would have on the Council’s current policy of restricting the number of sex shops in Medway to 2 establishments only.

Officers replied that due to a change in legislation and the European Services Directive a restriction policy would be inappropriate, however there is still power for authorities to restrict the number of SEVs as each individual application must be viewed on its own merit.

Decision:

The Sub-committee considered the options available for members to consider and agreed:

made the following recommendations to Full Council for approval:

(a)               To recommend to Full Council that it adopts the Statement of Policy in respect of Sex Establishments under Section 27 of the Policing and Crime Act 2009, which amends Schedule 3 to the Local Government (Miscellaneous Provisions ) Act 1982 in relation to sexual entertainment venues with a published policy being approved by January 2011 and the first appointed day being set a 1 April 2010.

(b)               To recommend to Full Council that officers are delegated to grant any applications whereby no representations have been received and the officer is able to agree suitable conditions with the applicant.

(c)               That a Sub-Committee of the Licensing and Safety Committee is established to decide on applications where there has been relevant representations received in relation to an application or where conditions have been proposed by officers but not accepted by the applicant.