Agenda item

The Senior Licensing Officer presented a report to inform members of the amendments to the Local Government (Miscellaneous Provisions) Act 1982 with regard to the licensing of sex establishments, introduced by the Policing and Crime Act 2009, and to enable the Committee to make recommendations to Council to make the appropriate resolution to apply new provisions in the district.

Members were advised that in September 2008 the then Home Secretary announced the Government’s intention to give local people greater say over the number and location of lap dancing clubs in their area.

In order to address this issue Section 27 of the Policing and Crime Act 2009 (the 2009 act) reclassifies lap dancing clubs as and similar establishments into a new category of Sex Establishments called a ‘Sexual Entertainment Venue’ (SEV) and gives local authorities in England and Wales the power to regulate such venues.

Members were advised that the amendment did not give premises automatic entitlement to operate within the area, rather it provides the council with the means by which applications can be properly determined. Furthermore, it would provide the council with the means to refuse an application on wider grounds than is permitted under the 2003 Act and will give local people a greater say over the regulation of lap dancing clubs and similar venues in the Lancaster district.

The Senior Licensing Officer explained the details of the amendments to the committee.

The committee were advised that if they were minded to make recommendations to Council to make the appropriate resolution, the issue could be considered at the next meeting of Council scheduled for 15 September 2010. The Council would then be required to publish a notice that it had passed the resolution for two consecutive weeks in a local paper, the first publication must not be later than 28 days before the day specified in the resolution for the provisions to come into force.

It was noted that if the council had not adopted the new legislation by the 6 April 2011, Section 27 of the 2009 Act placed an obligation on the Council to undertake a public consultation exercise to ascertain whether it should do so.

The committee asked questions of the Senior Licensing Officer regarding the details of the amendments to the act.

It was proposed by Councillor Wade and seconded by Councillor Day:-

(1)             “That the committee recommend that Council resolve under Section 2(1) of the Local Government (Miscellaneous Provisions) Act 1982 that Schedule 3 to the Act as amended by Section 27 of the Policing and Crime Act 2009 is to apply to the area of the Council from 1 November 2010, and that the Head of Legal and Human Resources be authorised to arrange for the publication of notices as required by Section 2(2) of the 1982 Act.”

Upon being put to the vote members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried.

Resolved:

(1)        That the committee recommend that Council resolve under Section 2(1) of the Local Government (Miscellaneous Provisions) Act 1982 that Schedule 3 to the Act as amended by Section 27 of the Policing and Crime Act 2009 is to apply to the area of the Council from 1 November 2010, and that the Head of Legal and Human Resources be authorised to arrange for the publication of notices as required by Section 2(2) of the 1982 Act.