Agenda item

Report of the licensing manager.

The licensing manager presented a report to seek members’ approval of the adoption of a Sexual Entertainment Venues (SEVs) Policy for the council, and approval of the fees structure.

Members were reminded that the Licensing Service was responsible for regulating a wide range of functions including the licensing of SEVs. It was advised that at its meeting on the 2 September 2010, the committee had recommended that council adopt new provisions to regulate SEV’s. The resolution had subsequently been made under Section 2 of the Local Government (Miscellaneous Provisions) Act 1982 stating that Schedule 3 as amended by Section 27 of the Policing and Crime Act 2009 has been adopted and would apply to the council’s area from the 1 November 2010.

An SEV was defined as “any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.” The meaning of ‘relevant entertainment’ was given as “any live performance or live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of an audience (whether by verbal or other means).”

The adoption of these new measures would not give such premises an automatic entitlement to operate within the area; rather it would provide the council with the means by which applications for such premises can be properly determined. Furthermore, it would provide the council with the means to refuse an application on potentially wider grounds than is permitted under the Licensing Act 2003 and would give local people a greater say over the regulation of lap dancing clubs and similar venues in the Lancaster City Council district.

It was advised that to date no applications for such premises had been received, and that the report had been brought to ensure that a policy and procedure would be in place should an application be received at any time in the future.

The licensing manager had drafted a policy on the procedure for licensing SEVs, as well as guidance for applicants, and sought member’s approval of its adoption.  A copy of the draft policy and the guidance were attached to the report.

Members were also asked to consider the setting of fees for the licensing of SEVs and approve an appropriate fee level. Members were advised that the licensing manager recommended that the following fees be approved.

            Grant                           £5125

            Renewal                      £5125

            Variation                      £2500

            Transfer                      £5125

            Change of name         £50

Members were recommended to approve the proposed SEVs policy. They were also recommended to approve the fees structure as set out in this report, or to approve an alternative fees structure, and to approve immediate implementation.

Members asked questions of the licensing manager

It was proposed by Councillor Hill and seconded by Councillor Greenall:

“(1)      That the draft Sexual Entertainment Venues Policy be adopted.

(2)             That the licence fees be approved as below:

Grant                           £5125

            Renewal                      £5125

            Variation                      £2500

            Transfer                      £5125

            Change of name         £50.”

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 draft Sexual Entertainment Venues Policy be adopted.

(2)               That the licence fees be approved as below:

Grant                           £5125

            Renewal                      £5125

            Variation                      £2500

            Transfer                      £5125

            Change of name         £50.