Issue - meetings

To consider both the principle of adoption of the amendments to Schedule 3 and a draft policy on the licensing of sexual entertainment venues, and formulate a consultation response to the Licensing Committee.

Consideration was given to a report that provided background information in relation to the amendments to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, made by section 27 of the Policing and Crime Act 2009, in relation to ‘sexual entertainment venues.’ The report requested that the Committee consider both the principle of adoption of the amendments to Schedule 3 and a draft policy on the licensing of sexual entertainment venues, and formulate a consultation response to the Licensing Committee.

Following detailed consideration of the report the following comments/observations were made:

• That if the Authority decided not to adopt the amendments it would not have the power to regulate and control the venues in the same way.
• That currently citizens needed to live within the vicinity of the premises to object to an application, however with this legislation anybody would be able to object.
• That the legislation did not stipulate a maximum number of venues that could be licensed within one area, as every application would be considered on its merits.
• That all directors and the company secretary of the company applying for a licence should be CRB checked.
• With regard to the advertising requirements, it was noted that the public notice must be displayed for a period of 21 days however members of the public had 28 days to object.

With regard to enforcement, it was noted that a penalty of up to £20,000 could be issued for contravening the terms and conditions of a license and that as a result the license may not be renewed. It was agreed that the possibility of issuing a license for a shorter period of one year be investigated. Members questioned whether or not the authority had the resources to prosecute and enforce. It was agreed that a statement regarding the Licensing sections resources for enforcement be circulated to the Committee at a later date.

RESOLVED

That subject to the comments highlighted above Cabinet be recommended to approve:

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 draft policy on the licensing of sexual entertainment venues as set out within the appendix to the report.