Issue - meetings

To agree adoption of the policy for Licensing Sex Establishments.

Following public consultation   the draft sex establishments policy was attached for agreement by the committee.  The policy would provide members of the Miscellaneous Functions Sub- Committee a framework for considering all future relevant applications. The policy identified and included sensitive locations in the borough where the proximity of a sex establishment would be considered inappropriate. These were set out on paragraph 13.2 of the report and page 83 of the policy. It was on this basis that the policy recommended that there was no ward in the borough where a sex establishment was appropriate, although all applications would be considered on their merits, with due regard to the policy.   Following a benchmarking exercise on application fees, where charges from across the country were examined, the committee were further asked, as part of the policy, to increase the application fee from £2500 to a maximum of £6000.   Account had been taken of the full cost of dealing with an application and also setting a price which was not a deterrent to any would be applicant.

 Concerns were expressed by some members   about the policy as it could be open to challenge by allowing applications for sex entertainment licenses but having a nil policy per ward  . It was further felt by some members  that thought should also  be given to the impact  of a nil policy potentially  being  implemented by a number of boroughs  as there would be less opportunity to regulate these establishments. In response it was reiterated that applications would be assessed on their individual merits, however there was a need to provide the decision making body, Miscellaneous Functions Sub- Committee, with a framework for considering these applications and therefore map out the areas , that were inappropriate to have a sex establishment in close proximity to, such as: schools, colleges, safe houses for vulnerable adults, children’s centres.  The policy responded to the further need to be transparent with the concerns that would be considered by the committee when making their judgements.  In relation to the wider issues of  regulation discussed, it was noted that  this would be the responsibility of government to provide  legislation on.

RESOLVED

1. That the comments from the consultation exercise be noted.

2. That the policy as set out in Appendix 2 of the interleaved report be adopted.

3. That an application fee of £6,000 for licenses be adopted.

4. Councillor Whyte and Wilson  requested that their dissent  to resolution  GPO55 be recorded.