Decision details

Further to Minute No. 84 of the meeting held on 22 February 2010, the Committee considered the report of Environmental and Technical Services Director on the sex establishment licence – sexual establishment venue and seeking approval of the adoption of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by Section 27 of the Policing and Crime Act 2009.  The report indicated the delegation of powers to Licensing (Sexual Entertainment Venues) Sub-Committees and the Environmental and Technical Services Director in respect of certain functions under the Policing and Crime Act, 2009 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act, 1982 and the introduction of  proposed conditions and fees in respect of this process.

The report also indicated that Schedule 3 of the Policing and Crime Act 2009 (PCA09) inserted a new category of “sex establishment” called a “sexual entertainment venue” into Schedule 3 to the Local Government (Miscellaneous Provisions) Act, 1982 (LGA82), therefore bringing the licensing of lap dancing and pole dancing clubs and other similar venues under the regime set out in the 1982 Act, which was currently used to regulate establishments such as sex shops and sex cinemas, rather than under the Licensing Act 2003 (“the LA03”); that guidance issued by the Home Office indicated that whilst local authorities should judge each case on its own merits, it would be expected that the definition of relevant entertainment would apply to the following forms of entertainment as they commonly understood, namely: lap dancing; pole dancing; table dancing; strip shows; peep shows and live sex shows; that the guidance indicated that the mere fact that there was a display of nudity did not mean that a sex establishment licence would necessarily be required; and that the relevant entertainment must be provided for the financial gain of the ‘organiser’ or ‘entertainer’.

RESOLVED:  That

(1)         the adoption of Schedule 3 the Local Government (Miscellaneous Provisions) Act, 1982, as amended by Section 27 of the Policing and Crime Act, 2009; be endorsed;

(2)         the recommended delegation of functions to the Licensing (Sexual Entertainment Venues) Sub-Committee be endorsed;

(3)         the proposed conditions and fees be endorsed; and

(4)         Cabinet be requested to approve the recommendations set out in paragraphs (a) – (c) detailed in the report.