Agenda and minutes

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda

There were no declarations of interest.

In accordance with Procedure Rules Nos.11 and 35 a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.

Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.

Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

In accordance with Procedure Rules 11 and 35, Dr L Brown and Mrs Fielding addressed the Committee in relation to Item 6: Sexual Entertainment Venues – Schedule 3 Local Government (Miscellaneous Provisions) Act 1982 (as amended).

Note: With the agreement of the Chairman, Dr Brown and Mrs Fielding spoke following the Solicitor’s introduction of the relevant report.

To approve the minutes of the meeting held on 8 November 2010.

RESOLVED – That the minutes of the meeting held on 8 November 2010 be approved as a correct record and signed by the Chairman.

To receive the minutes of the Licensing Act Sub-Committee meetings held on 1 November 2010, 26 November 2010, 8 December 2010, 17 December 2010 & 20 December 2010, and the General Licensing Sub-Committee meeting held on 2 December 2010.

RESOLVED – That the minutes of the Licensing Act Sub-Committee meetings held on 1 November 2010, 26 November 2010, 8 December 2010, 17 December 2010 & 20 December 2010, and the General Licensing Sub-Committee meeting held on 2 December 2010 be received.

To consider:

(a)         the consultation responses received in relation to the proposed adoption of the power to regulate ‘sexual entertainment venues’ within Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 27 of the Policing and Crime Act 2009

(b)         the consultation responses received in relation to the draft policy on the licensing of sexual entertainment venues

(c)         fee levels in relation to sexual entertainment venue applications

(d)         proposed delegations

The Committee considered a report regarding the amendments to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (‘the 1982 Act’) made by section 27 of the Policing and Crime Act 2009 and the statutory provisions in relation to the adoption of the power to regulate ‘sexual entertainment venues’ within the amended Schedule.  The report also detailed the consultation responses received in relation to both the principle of adoption of the amendments to Schedule 3 of the 1982 Act and a draft policy on the licensing of sexual entertainment venues.  In addition, the Solicitor reported four further responses which had been received following the end of the consultation period.  Based on the consultation responses received, the Committee made a number of changes to the draft policy on the licensing of sexual entertainment venues, to reflect some of the observations made.

RESOLVED

(a) That the responses received in relation to the consultation exercise on the principle of adoption of the amendments to Schedule 3 of the 1982 Act be noted.

(b) That it be recommended to Council that the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 27 of the Policing and Crime Act 2009, be adopted and shall apply within the Borough of Cheshire East; and

(c) That it be recommended to Council that the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 27 of the Policing and Crime Act 2009, shall come into force in the Borough of Cheshire East on 4^th April 2011.

(d) That the responses received in relation to the consultation exercise on the draft policy on the licensing of sexual entertainment venues be noted.

(e) That the draft policy on the licensing of sexual entertainment venues be amended as follows:

(1) that “or an entire town” in the last sentence of paragraph 3.6 be deleted.

(2) that the requirements in relation to the submission of plans be expanded to include a statement to the effect that these must show the layout of the premises including: (i) performers changing facilities; (ii) those areas to which the public are to be admitted (shown outlined in red); (iii) toilets; (iv) entrances and exits from the premises (including emergency exits); (v) any stage area (including an annotation as to the height of the stage); (vi) the location of any fixed structures (such as bar area or fixed tables/seating or private booths); (vii) the area to be used for customer seating, and that plans should be large enough to be easily read.

(3) that the warning about false statements which is set out before the declaration on the final page of the application form be included in the policy.

(4) that a reminder about the planning regime be included within the policy.

(5) that the second sentence in paragraph 4.1 be amended to read: “The following must be submitted with the completed application form in order to form a valid application:..”

(6)  ...  view the full minutes text for item 25.

To note the provisions contained in the Police Reform and Social Responsibility Bill which relate to the proposed amendment of the Licensing Act 2003.

The Committee considered a report regarding the content of the Police Reform and Social Responsibility Bill which would, if enacted, make a number of amendments to the Licensing Act 2003.

RESOLVED – Thatthe provisions in the Police Reform and Social Responsibility Bill which relate to the amendment of the Licensing Act 2003 be noted.

To consider proposed amendments to the Licensing delegations.

The Committee considered a report regarding proposed amendments to the licensing delegations, to clarify those functions which stand referred to the General Licensing Sub-Committee and those which stand referred to the Licensing Act Sub-Committee.

RESOLVED – That the Constitution Committee be requested to recommend to Council that the Constitution be amended as follows:

(a) that references to the Licensing Sub-Committee within paragraph 25.3 of the Officer Management Arrangements within Part III of the Constitution be amended to “the General Licensing Sub-Committee;” and

(b) that references to the Licensing Sub-Committee within paragraph 25.4 of the Officer Management Arrangements within Part III of the Constitution be amended to “the Licensing Act Sub-Committee.”

(c) that references to the Licensing Sub-Committee within sub-paragraphs (i) to (iii), (v) and (vi) in relation to the General Licensing Functions at pages 160 and 161 of the Constitution be amended to “the General Licensing Sub-Committee;” and

(d) that references to the Licensing Sub-Committee within sub-paragraphs (ii) to (xi) in relation to licensing functions under the Licensing Act 2003 and Gambling Act 2005 at page 161 of the Constitution be amended to “the Licensing Act Sub-Committee.”