Issue - meetings

To consider a request to authorise the Licensing Manager to carry out consultation exercises relating to:

(a) the proposed adoption of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 27 of the Policing and Crime Act 2009, within the Borough of Cheshire East

(b) the draft policy on the licensing of sexual entertainment venues (including a set of draft conditions) and the relevant fee levels.

The Committee considered a report on the proposal to carry out a consultation exercise on the proposed adoption of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 27 of the Policing and Crime Act 2009, within the Borough of Cheshire East, and the proposal to carry out a consultation exercise in relation to the draft policy on the licensing of sexual entertainment venues and the relevant level of fees.

Schedule 3 of the Local Government Act (Miscellaneous Provisions) Act 1985 made provisions for the regulation of ‘sex establishments’.  A ‘sexual entertainment venue’ for the purposes of the 1982 Act was “any premises at which relevant entertainment is provided before an audience for the financial gain of the organiser or the entertainer.”  ‘Relevant entertainment’ means “any live performance or any live display of nudity which is such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose or sexually stimulating any member of the audience (whether by verbal or other means)”. 

If a local authority had resolved before 6 April 2010 that Schedule 3 of the 1982 Act was to apply within its area, then the amendments in relation to sexual entertainment venues within the 2009 Act do not apply to the area of the local authority, although the authority may resolve that Schedule 3, as amended, is to apply to its area.  Each of the predecessor district Councils had made resolutions to adopt the originals provisions of Schedule 3 of the 1982 Act.  These resolutions had been preserved and apply to Cheshire East on the basis of regulation 4 of the Local Government Act (Structural Changes) (Transitional Arrangements) (No 2) Regulations 2008.

If the Council does not make a resolution to adopt the amended Schedule 3 of the 1982 Act within one year of the legislation coming into force (i.e. by 6 April 2011) then ‘as soon as reasonably practicable’ it must consult local people about adopting the legislation.  Whilst it was not a statutory requirement to consult if adopting the legislation prior to April 2001, it was considered as good practice.  Therefore authorisation was sought from the Committee to carry out a consultation exercise in relation to adoption of the amendments to Schedule 3 of the 1982 Act.

Similarly, there was no statutory requirement for a local authority to adopt a policy on the licensing of sex establishments, however, it is suggested that it would be best practice to consider such a policy.  A policy on the licensing of sexual entertainment venues had now been drafted for Cheshire East, which would provide guidance to prospective applicants and members of the public and would assist with consistency of decision-making.  The Committee was asked to approve, without prejudice to any decision in relation to adoption, consultation on the draft policy. 

The Council was able to determine a ‘reasonable fee’ in relation to the grant, renewal or transfer of a sex establishment licence.  Fees in relation  ...  view the full minutes text for item 12