Agenda item - Draft Sex Establishment Licensing Policy - Approval for Consultation

Agenda item

Draft Sex Establishment Licensing Policy - Approval for Consultation

Minutes:

The Sub-Committee considered a report to approve the draft Sex Establishment Licensing Policy, for the purpose of consultation with relevant stakeholders and the general public, as detailed at Appendix 1 to the report. 

 

The Senior Licensing Practitioner, Worcestershire Regulatory Service (WRS) introduced the report and in doing so, informed the Committee that despite having adopted controls over sex establishments, the Council did not currently have an adopted policy on the licensing of sex establishments under the Local Government (Miscellaneous Provisions) Act 1982.

 

The Senior Licensing Practitioner, WRS, informed Members that he had met with the Council’s Legal Advisor with regard to the draft policy and had agreed some minor changes to the policy, which would be incorporated into the policy, prior to consultation, should Members be in agreement.  The Senior Licensing Practitioner drew Members’ attention to the following minor changes:-

 

·         Part 3, paragraph 3.5.3, remove the word ‘relevant’.

·         Part 5, paragraph 5.3 remove the reference to Annex F.

·         Part 5, paragraph 5.4 to be deleted.

·         Annex C, remove the reference to the setting of fees in relation to sex establishment licences.

 

Members agreed that the minor changes be incorporated and that the draft policy be amended to reflect the minor changes, prior to consultation with relevant stakeholders and the general public.

 

The Senior Licensing Practitioner, WRS, in response to questions from Members, drew Members’ attention to page 27 in the report.  The information detailed would enable Members to understand, as defined in Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, the definition of a ‘sexual entertainment venue’ and that of a ‘sex shop’. 

 

The Senior Licensing Practitioner, WRS, further responded to Members with regard to premises holding occasional entertainment events, for example a “ladies night” or a “gentlemen’s night”, and informed the Committee that such events could be held at premises, that were not sexual entertainment venues, under a Temporary Event Notice (TEN), as per the terms as detailed on page 28 in the report. 

 

Members asked if applicants would be required to submit a Disclosure and Barring Service Enhanced Certificate (DBS) with their application.  In response the Senior Licensing Practitioner, WRS, informed Members that there was no formal requirement for applicants to submit a DBS Enhanced Certificate with their application, however, there would be a rigorous checking process, whereby WRS would notify the relevant bodies, as detailed in paragraph 2.4.1 in the report; who would be asked to comment on or object to any applications submitted, within a period of twenty eight days from the date of the application. The report also detailed the criterion for mandatory refusal of applications and discretionary refusal of applications.

 

Councillor L. J. Turner noted that the draft policy did not detail any set fees and questioned this with the Senior Licensing Practitioner, WRS.  Members were informed that fees varied substantially from one authority to another.  Following consultation on the draft policy, the fees would be determined and set.  The proposed fees and charges, along with the responses received from the consultation, would be presented to a future meeting of the Licensing Committee.

 

Councillor J. M. L. A. Griffiths sought reassurance with regard to the management of premises and the safeguarding of children.  The Senior Licensing Practitioner, WRS, informed the Committee that no person under the age of 18 would be admitted to any such premises or employed in the business of a Sex Establishment.  He would advise Members that for reassurance in respect of the safeguarding of children; Members could include within the draft policy at Annex D and Annex E, Standard Conditions, the following additional condition:-

 

·         The Licensee must operate an age verification policy (Challenge 25 or similar) to ensure no person under the age of 18 was admitted to the Premises.

 

Members were in full agreement that the additional condition be included within the draft policy at Annex D and Annex E, Standard Conditions; and that the amended draft policy be used for the purpose of consultation with relevant stakeholders and the general public.

 

RESOLVED:

(a)   that the suggested minor changes and additional condition, as detailed in the preamble above, be incorporated into the draft Sex Establishment Policy; 

(b)  that the amended draft Sex Establishment Policy be approved for the purpose of consultation with relevant stakeholders and the general public; and

(c)  that following consultation the responses received and the determined fees be presented to a future meeting of the Licensing Committee.

Supporting documents: