Licensing of Sexual Entertainment Venues and Sex Establishments 2010

Overview

The Council consulted the public on whether its policy on sex establishments and sexual entertainment venues should change following new Government legislation.

The Local Government (Miscellaneous Provisions) Act 1982 currently requires a sex shop and a sex cinema to apply for and be granted a sex establishment licence, but by Section 27 of the Policing and Crime Act 2009 it is proposed that a sexual entertainment venue (e.g. table dancing, lap dancing or similar activities) will also have to have a sex establishment licence, if the legislative change is adopted by a local authority. A sex establishment licence has wider grounds for refusal or grant than a licence under the Licensing Act 2003.

The key elements to this consultation were:

- whether or not to adopt new legislative provisions for the Licensing Authority to licence 'sexual entertainment venues' (table dancing, lap dancing or similar activities)

- if in the light of this consultation the Council does adopt the new legislation, what is the appropriate number of 'sexual entertainment venues' that should be permitted in the borough and

- whether our current policy on sex establishments (e.g. sex cinemas and sex shops) still reflects current opinion.

This was previously consulted on in 1988 and 2004, when the overwhelming response to the appropriate number of such establishments for the borough was 'nil'.

Survey

Background information, which details the key changes proposed by the new legislation, is available below. The survey was available to complete online or could be downloaded and returned via post. Some personal information was required to complete the survey, so that we can analyse and assess the findings by location and contact individuals with any further information or queries. We have not been able to accept responses without a valid name and address, but individuals could choose not to have their details disclosed in the public domain. The information provided will be treated in the strictest confidence; it will not be passed onto third parties and will only be used for the purposes of this consultation.

What happens next

There were 98 responses, 70 through the Council website consultation using the standard form, 25 sent in by other means, hard copy or email, using the form and three were 'free text' comments only. The consultation resulted in overwhelming support for adoption of the legislation and of setting the appropriate number for each of the different types of sex establishments as nil.

What has happened as a result?

The results were reported to the Regulatory Committee on 20 October 2010, which the public could attend. It was resolved that the adoption of the new legislation be approved, with a view to considering the number of each type of venue and agreeing a policy document at the next Regulatory Committee meeting.

The consultation report and schedule of comments and the minutes of the 20 October 2010 meeting are available to view.