Agenda item

This report is submitted to the Committee to enable it to consider recommending to Cabinet a revised Sex Establishment Policy following a 5-week period of consultation on a draft revised policy. This report sets out the revised proposed policy to be adopted and the outcome of the consultation.

Further to Minute 9 (24.7.24), the Committee considered recommending to Cabinet a revised Sex Establishment Policy following a 5-week period of public consultation on a draft revised policy.  The report (A.2) set out both the revised proposed policy to be adopted and the outcome of the consultation which had been conducted from 30 July 2024 to 3 September 2024. The draft policy, as set out at Appendix A to the report (A.2), was intended to support the following themes from the Council’s Corporate Plan 2024-28: 

·      Pride in our area and services to residents

·      Working with Partners to improve quality of life

It was reported that, in addition to a page created for the consultation on the Council’s website and a public notice was displayed outside of the front of the Town Hall and the Council’s Offices at Pier Avenue, Clacton on Sea, the below had been written to inviting them to comment on the draft policy:-

·      Licensed Sex Establishment Premises

·      All Tendring District Councillors

·      All Parish Councils

·      Responsible Authorities (including Essex Police)

·      Institute of Licensing

·      A number of licensing solicitors

·      A range of licence holders of local premises licence (including pubs, off-licences, night time economy, street traders, gambling premises and taxis)

In addition to those consultation letters the Licensing Team had also visited a number of licence holders within the District handing out consultation postcards to bring the consultation to the attention of the trader and to invite them to voice their opinions.

Members were made aware that one member of the public had sent in a response to the consultation.  Their comments were as follows:-

“Although, there are only one such premises within the locality it is essential that the policy framework exists to ensure should there be an increase in such venues wishing to establish themselves that the local authority has the tools available to ensure adherence to their rules and to maintain the King's peace without causing intentional outrages of public decency. On the other hand, there must also be provision made to ensure the welfare of those employed in these premises to protect them from any abuses from employers due to the taboo nature of sex establishments”. 

The Licensing Manager considered that the above response was a generalised comment that did not require any amendment to the Policy as presented.

The Committee was reminded that the current policy on licensing Sex Establishments had been published in 2018 and that this Council currently had one licensed sex shop and this was located within Clacton-on-Sea.  There were no Sexual Cinemas or Sexual Entertainment Venues currently operating within the District.

Members were aware that since November 2005, the Licensing Act 2003 (the 2003 Act) had required a wide range of regulated entertainment to be licensed by the Council acting as the Licensing Authority. 

Members were familiar with the restrictions in the 2003 Act which meant that any representation against a premises licence could only be based on the four licensing objectives.  Whilst licences could be subject to the review procedure they otherwise continued in force for the life of the business.

The Committee recalled that Sex Shops and Sex Cinemas were licensed under the Local Government (Miscellaneous Provisions) Act 1982. This regime gave a licensing authority a wider discretion in determining whether to grant or refuse a licence than was provided for in the 2003 Act, e.g. a power to set a limit on the number of premises that might be suitable for a particular location, greater flexibility of applying licence conditions and the ability to accept representations from a wider scope of the community.  Sex shop and sex cinema licences were only valid for one year at a time.

Members were advised that Schedule 3 of the 1982 Act amended through Section 27 of the Policing and Crime Act 2009 had extended the definition of Sex Establishments from sex shops and sex cinemas to include sexual entertainment venues. Consequently, from that point on, lap dancing venues and similar premises had required licensing under the 1982 Act provisions and the Licensing Act 2003 for alcohol sales etc.

The now proposed Policy had been developed taking full account of the requirements of the legislation and guidance.

The Policy provided that each application would be judged on its own merits but taking into account the various criteria laid out within the policy document.  In this way each application would be considered as to whether it was suitable given the nature of the particular locality in question.

The Committee was notified that, in preparing the report (A.2), due consideration had been given to the Council’s statutory Equality Duty to eliminate unlawful discrimination, advance equality of opportunity and foster good relations, as set out in Section 149(1) of the Equality Act 2010.

The Licensing Authority had had due regard also to the public sector equality duty under the Equality Act 2010.  Under this duty, the Authority (in the exercise of its functions) must have had due regard to the need to:

•    eliminate any form of unlawful discrimination (including direct or indirect discrimination, harassment, victimisation, and any other conduct prohibited under the Act);

•    advance equality of opportunity between people who share a relevant characteristic and people who do not;

•    foster good relations between people who share a protected characteristic and people who do not.

A member and the Head of Democratic Services & Elections highlighted a small number of formatting errors and a textual amendment.

The Committee felt that having a policy which was clearly detailed and compliant with the legislation, fit for purpose and clear to applicants would assist in implementing rules whilst also being a key document in the event of a legal challenge by way of an appeal or judicial review.

It was moved by Councillor Casey, seconded by Councillor Davidson and:-

RESOLVED that –

(a)    the Committee recommends to Cabinet that the revised draft Sex Establishment Policy, as attached to this report (A.2) but subject to the amendments highlighted at the meeting, be adopted; and

(b)    once adopted, the Assistant Director (Governance) (or other authorised Officer) be authorised to make minor amendments to that Policy to ensure that it reflects the operational positions of the Council and legislative / case law relevant to the Policy.