Issue - meetings

Report of the Environmental and Technical Services Director

Further to Minute No. 39 of the Cabinet meeting held on 10 June 2010, the Council considered the joint report of the Environmental and Technical Services Director and the Interim Head of Corporate Legal Services seeking approval to the adoption of the statutory provisions with regard to the licensing of sexual entertainment venues within the Borough.

It was moved by Councillor Robertson, seconded by Councillor Brodie-Browne and

RESOLVED: That

(1)      approval be given to 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;

(2)      approval be given to the establishment of a Licensing (Sexual Entertainment Venues) Sub-Committee;

(3)      the Licensing and Regulatory Committee be authorised to delegate its functions under Schedule 3 of the Local Government (Miscellaneous Provisions) Act, 1982, as amended by Section 27 of the Policing and Crime Act 2009 to Licensing (Sexual Entertainment Venues) Sub-Committees each consisting of three members of the Licensing and Regulatory Committee;

(4)      the Assistant Chief Executive be authorised to determine the composition (i.e. membership) of any Licensing (Sexual Entertainment Venues) Sub-Committees from within the membership of the Licensing and Regulatory Committee for the purposes of convening meetings of the Licensing (Sexual Entertainment Venues) Sub-Committees; and

(5)      Part 3 of the Council Constitution - Responsibility for Functions (Delegations to Regulatory and Non-Executive Committees) be amended to take account of resolutions (2), (3) and (4) above.

(In accordance with Rule 18.5 of the Council and Committee Procedure

Rules, Councillor Gibson requested that his vote against the

above resolutions, be recorded)

Report of the Environmental and Technical Services Director

Further to Minute No. 10 of the meeting of the Licensing and Regulatory Committee held on 7 June 2010, the Cabinet considered the joint report of the Environmental and Technical Services and the Interim Head of Legal Services seeking approval to the adoption of the statutory provisions with regard to the licensing of sexual entertainment venues within the Borough.

RESOLVED:

That the Council be recommended to:

(1)      approve 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;

(2)      adopt the recommended delegation of functions relating to the establishment of a Licensing (Sexual Entertainment Venues) Sub-Committee;

(3)      authorise the Licensing and Regulatory Committee to delegate its functions under Schedule 3 of the Local Government (Miscellaneous Provisions) Act, 1982, as amended by Section 27 of the Policing and Crime Act 2009 to Licensing (Sexual Entertainment Venues) Sub-Committees each consisting of three members of the Licensing and Regulatory Committee;

(4)      authorises the Assistant Chief Executive to determine the composition (i.e. membership) of any Licensing (Sexual Entertainment Venues) Sub-Committee from within the membership of the Licensing and Regulatory Committee for the purposes of convening meetings of the Licensing (Sexual Entertainment Venues) Sub-Committees; and

(5)      amend Part 3 of the Council Constitution - Responsibility for Functions (Delegations to Regulatory and Non-Executive Committees) to take account of the resolution above.

Joint report of the Environmental and Technical Services Director and the Interim Head of Corporate Legal Services

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.