Agenda item - Policing and Crime Bill - Sex Establishments Consultation

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Agenda item

Policing and Crime Bill - Sex Establishments Consultation

Report of the Director of Environment (copy attached).

Decision:

RESOLVED

 

1.            That the Committee responds to the questions in the consultation as follows:

 

a)         The new regime should apply to existing operators but the licensing authority is concerned that existing operators may have an expectation that their current business should not be criminalised.

 

b)         The timetable is appropriate.

 

c)         The proposed approach for existing operators is acceptable.

 

d)         Any conditions related to relevant entertainment should be passed to the new Sex Encounter Establishment licence.

 

e)         Current sex encounter provision created by local London legislation is inapplicable outside London.

 

f)          LLA does not apply in the city.

 

g)         There are no objections to the commencement dates.

 

h)         The impact assessment appears reasonable.

 

2.            That regulation of sex encounter establishments continues to be supported by Licensing Committee.

 

3.            That Licensing Panels continue to be guided by the statement of licensing policy including the imposition of conditions applicable to lap dancing clubs in determining applications until overtaken by the Policing & Licensing Bill.

 

4.            That the Committee recommends to Council to adopt provisions relating to sex encounter venues, if the Policing and Crime Bill is enacted.

Minutes:

16.1    The Committee considered a report from the Director of Environment regarding the Policing and Crime Bill – Sex Establishment Consultation (for a copy see minute book).

 

16.2    Mr Nichols began by stating that controls on this trade had been discussed by the Committee in the past and that if the recommendations were approved this could result in current licences having to reapply under the new regime.

 

16.3    Councillor Lepper stated that this Bill was excellent and a triumph for local authorities. She paid tribute to the work done by the Fawcett Society and Object to ensure that sex workers received greater protection. Councillor Lepper expressed concern over the number of exemptions allowed for public houses in a year but noted the ministerial rights to remove this if exploited by the industry. She felt that the existing licences should have to reapply under the new regime, but would not like to see them criminalised in the interim. Mr Nichols stated that if the existing licence was refused under the new regime, the sex establishment would then be criminalised.

 

16.4    Councillor Wrighton welcomed the proposals to control these establishments and she had existing problems within her ward. She believed that consideration needed to be given to the impact an establishment had in an area and the prominence of these sites. She felt that residents’ safety needed to be given due weight. Mr Nichols replied that sex establishments would be considered under the same regime as sex shops and so Members would be able to consider appropriate areas for these establishments. External appearance and appropriateness could also be considered and he noted that the policy would go to Full Council for approval.

 

16.5    Councillor Simson expressed concern over the current operation of sex shops and felt that a lot had been approved in inappropriate areas, which had not come to a licensing panel. She felt that many were no longer discreet and the products they advertised were explicit, and there was a need to gain control of this. Mr Nichols replied that the definition of a sex shop was a shop selling sex items to a significant degree. Significant degree was not defined in the law however and many shops operated on the margins of what was allowable. If there were complaints about particular shops, officers would investigate however.

 

16.6    Councillor Watkins asked if licence holders had a right of appeal if their licence was refused and Mr Nichols replied that if this was the case, it would most likely be to the Magistrates Court.

 

16.7    RESOLVED

 

1.         That the Committee responds to the questions in the consultation as follows:

a)         The new regime should apply to existing operators but the licensing authority is concerned that existing operators may have an expectation that their current business should not be criminalised.

 

b)         The timetable is appropriate.

 

c)         The proposed approach for existing operators is acceptable.

 

d)         Any conditions related to relevant entertainment should be passed to the new Sex Encounter Establishment licence.

 

e)         Current sex encounter provision created by local London legislation is inapplicable outside London.

 

f)          LLA does not apply in the city.

 

g)         There are no objections to the commencement dates.

 

h)         The impact assessment appears reasonable.

 

2.         That regulation of sex encounter establishments continues to be supported by Licensing Committee.

 

3.         That Licensing Panels continue to be guided by the statement of licensing policy including the imposition of conditions applicable to lap dancing clubs in determining applications until overtaken by the Policing & Licensing Bill.

 

4.         That the Committee recommends to Council to adopt provisions relating to sex encounter venues, if the Policing and Crime Bill is enacted.

Supporting documents:

 


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