Agenda item

REPORT OF THE HEAD OF HOUSING & PUBLIC PROTECTION

To consider proposed amendments to the Sex Establishment Policy.

RESOLVED: 

(1)     That the results of the public consultation be noted, and the proposed policy amendments, as further amended, be supported;

(2)     That it be determined that the proposed amendments are minor, in so far as they do not amend the licensing principles or main focus of the existing policy; and

(3)     That the Executive Member for Housing and Environmental Health be recommended to approve the Sex Establishment Policy amendments under Delegated Powers.

REASON FOR DECISION:  To ensure that the Council has in place a robust and up to date House to Sex Establishment Policy.

The Licensing Manager presented a report of the Head of Housing and Public Protection in respect of proposed amendments to the Council’s Sex Establishment Policy, and requesting the Committee to make a recommendation to the Executive Member for Housing and Environmental Health regarding the Policy.  The following appendix was submitted with the report:

Appendix A – Proposed amended Sex Establishment Policy.

The Licensing Manager advised that, whilst the Council had a duty, having adopted Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, to regulate sex shops, sex cinemas and sexual entertainment venues, the District currently only had one sex shop on an industrial estate in Hitchin.

The Licensing Manager stated that, in general terms, the Policy had worked well, particularly as the existing business was a long established business of a national operator and the Council had received no other applications or enquiries of this nature.  However, the Council had a duty to ensure that its Policy remained fit for purpose, not only for the existing premises, but for any potential future applicants.  Proposed amendments were highlighted in the report in red text, but could be summarised as follows:

·                Data Exchange – The Policy now clarified the Council’s intention to exchange data where appropriate for the purpose of detecting or preventing crime;

·                Safeguarding Children and Vulnerable Adults - Given the proliferation of national safeguarding concerns, the Policy had been strengthened to state that significant weight would be placed on safeguarding matters when assessing an applicant’s suitability to hold a licence;

·                Fees - Historically, many Councils chose to set fees for sex establishments at levels intended to act as a deterrent rather than a level that accurately reflected reasonable costs allowed by licensing fee common law.  The recent high profile case of Hemming that was concluded in the Supreme Court following a ruling of the European Court had clearly stated the licensing fee position for sex establishment licensing and the Policy now sought to encompass these principles;

·                Standard Licence Conditions - The existing Policy focussed predominately on conditions that were appropriate to sex shops, with little focus on sexual entertainment venues and no focus on sex cinemas.  This would leave the Council vulnerable if it received an application for a sexual entertainment venue or a sex cinema, as there would be no policy to justify the imposition of any appropriate conditions.  To resolve this shortcoming, the proposed amendments sought to establish a generic set of conditions for all sex establishments, with specific conditions for sex shops, sex cinemas, and sexual entertainment venues.  Little change was needed for the sex shop conditions as they were working well currently, however, a new set of conditions was proposed for sex cinemas based on apparent best practice across the country.  The existing conditions for sexual entertainment venues (predominately lap dancing and pole dancing clubs) had been expanded to include increased protection for the public, both on and off the premises, particularly those that were vulnerable, and increased protection for performers within these establishments.

The Licensing Manager commented that the definition of minor amendments for the Policy were included in Paragraphs 8.15 – 8.18 of the report.

In response to a Member’s question regarding the proposed opening hours for sex shops set out in Appendix B to the Policy, the Licensing Manager confirmed that these were the hours currently in operation at the one existing sex shop in the District in Hitchin, which was part of a national chain of shops.  That particular operator had been consulted on the Policy and had not suggested any change to the opening hours.

The Committee debated safeguarding issues and, in particular Paragraph 2.8.2 of the proposed Policy.  The first sentence read “Licence Holders are encouraged to ensure that suitable management controls are in place to safeguard children and vulnerable adults”.  In order to strengthen the wording and place more of an onus on Licence Holders, the Committee agreed that the word “encouraged” should be replaced with “expected”.

          RESOLVED: 

(1)     That the results of the public consultation be noted, and the proposed policy amendments, as further amended, be supported;

(2)     That it be determined that the proposed amendments are minor, in so far as they do not amend the licensing principles or main focus of the existing policy; and

(3)     That the Executive Member for Housing and Environmental Health be recommended to approve the Sex Establishment Policy amendments under Delegated Powers.

REASON FOR DECISION:  To ensure that the Council has in place a robust and up to date House to Sex Establishment Policy.