Agenda and minutes

Apologies were received from Councillors J Goddard and M Hardy.

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

No declarations of interest were made. 

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 three clear working days’ notice, in writing, in order for an informed answer to be given.

Dr L Brown and Mrs M Charlton addressed the Committee in relation to Item 6 – Sexual Entertainment Venues – Schedule 3 Local Government Act (Miscellaneous Provisions) Act 1982.

To approve the minutes of the meeting held on 5 July 2010.

RESOLVED:

That the minutes of the meeting held on 5 July 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 7 July 2010, 2 August 2010, 25 August 2010 and 31 August 2010, and the General Licensing Sub-Committee meetings held on 8 July 2010 and 20 August 2010.

RESOLVED:

That the minutes of the Licensing Act Sub Committees held on 7 July 2010, 2 August 2010, 25 August 2010 and 31 August 2010 and the General Licensing Sub Committee held on 8 July 2010 and 20 August 2010 be received.

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.

To consider a proposal in relation to a comprehensive review of the hackney carriage service across each of the three zones within Cheshire East Borough Council’s area.

The Committee considered a report which proposed a comprehensive review of the hackney carriage service across each of the three zones within Cheshire East Borough Council.

The Committee on 18 January 2010 had authorised the Licensing Manager to carry out a consultation exercise relating to the policy of limiting the number of hackney carriages within the Congleton zone of the Council’s area.  Since this decision a number of representations had been received from members of the hackney carriage trade associations and local MPs.  Their concerns focused on the current policy within the zones of Macclesfield and Crewe of not imposing a numerical limit on hackney carriages.  Also highlighted was the variety of fares charged to the public across the three zones; the existing licence terms and conditions in relation to hackney carriage vehicles and drivers across the three zones; and the accessibility and availability of the service for the public including rank provision and location.

Following discussions with representatives of the three hackney carriage associations, a proposal was formulated in relation to a wide-ranging review of the hackney carriage licensing function.  It was suggested that in order to address the disparities across the three zones and to develop a consistent approach within the Borough, a comprehensive review of the policies and procedures relating to hackney carriages should be undertaken.  The issues which would be addressed as part of the review included:

• Service Levels
• Hackney Carriage Fares
• Existing Terms and Conditions
• Provision and location of taxi ranks

The Committee was asked to set aside its decision of 18 January 2010 and approval was sought for a comprehensive review of policies and procedures relating to hackney carriages in order to address the disparities across the three zones and to develop a consistent approach within the Borough.

RESOLVED:

That the decision of the Licensing Committee on 18 January 2010 be set aside and a review of the hackney carriage service, as set out within the report, be undertaken.

To consider an application for the renewal of the Sex Shop Licence relating to premises at 74, Edleston Road, Crewe.

The Committee considered a report regarding an application for the renewal of the Sex Shop Licence relating to premises at 74 Edleston Road, Crewe.

The representative for Darker Enterprises Ltd had been unable to attend the hearing and had submitted written evidence in support of their application. 

An objection had been received to the notice of renewal application.  The objector was not present at the hearing.

After considering the application and in accordance with the rules of procedure, the Chairman reported that after taking into account all the evidence submitted, the following course of action had been agreed:

RESOLVED:

That the application to renew the Sex Shop Licence relating to premises at 74 Edleston Road, Crewe be granted as follows:

Use of premises as sex shop for the following days and hours:

Monday to Saturday 9.30 am to 8.00 pm

Sunday 10.00 am to 4.00 pm