Agenda item

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Sex Establishment Policy.

RESOLVED that the Sex Establishment Policy be adopted.

Cabinet considereda reference report (A.5) which enabled it to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Sex Establishment Policy.

Cabinet was informed that a draft Policy had been considered by the Licensing and Registration Committee at its meeting held on 24 July 2024.  The Committee at that time had authorised consultation on the draft for a period of five weeks from 30 July 2024 to 3 September 2024.

In response to that consultation one member of the public had sent in a response to that 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”. 

It was reported that the draft Policy sought to set out how this Council (as the licensing authority) would approach to regulating sex establishments and the procedures it would adopt in relation to applications for sex establishment licences.

This Council’s Licensing and Registration Committee (“the Committee”), at its meeting held on 2 October 2024 (Minute 22 referred), had considered the matter again (including the above mentioned responses received during the consultation).  The Licensing Manager had informed the Committee that the above mentioned response was a generalised comment that did not require any amendment to the Policy as presented. A Member and the Head of Democratic Services & Elections had highlighted a small number of formatting errors and a textual amendment.

Through the report, the Committee had been invited to determine its recommendation to Cabinet.  The Committee’s decision had been as follows:-

“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.”

The Policy referred to in the above decision of the Licensing and Registration Committee was set out as an Appendix to the reference report.

Cabinet had before it the following formal written response submitted by the Housing and Planning Portfolio Holder. Under the Leader of the Council’s approved Scheme of Delegation, as set out in Schedule 3 (Responsibility for Executive Functions) of Part 3 of the Council’s Constitution, the Portfolio Holder for Housing and Planning was the designated Executive Member for overseeing licensing policy matters.

“It is right and proper that District Councils can represent the communities we serve and apply appropriate controls on the location and operation of any sex shops, sex cinemas and sexual entertainment venues.  In Tendring we have a single established Sex Shop.  However, through this renewed Policy we would be prepared if others wanted to open such shops, cinemas or venues elsewhere in the District.  This means we can carefully consider the impact proposals may have on the locality and the protections for those potentially working at those businesses.  On the basis of being prepared for any such applications, I urge Cabinet to approve the Policy as submitted.”

Having duly considered the recommendation made by the Licensing and Registration Committee, together with the formal response thereto submitted by the Housing and Planning Portfolio Holder (as the designated Executive Member for overseeing licensing policy matters):-

It was moved by Councillor M E Stephenson, seconded by Councillor Smith and:-

RESOLVED that the Sex Establishment Policy be adopted.