Agenda item

Report of the Cabinet Member Development and Safety

The Cabinet Member Development and Safety reported that the last Sexual Entertainment Venue (SEV) policy was adopted in 2014, and it has been reviewed, taking into account recent consultation. He stressed that the council takes no moral position on the nature of this entertainment, but as the entertainment is permitted in law, it is felt more appropriate to take an active regulatory approach using the licensing legislation than imposing a borough-wide policy of zero SEVs, which would not address the concerns of those opposed to them.

He outlined the wider context, noting that section 27 of the Policing and Crime Act 2009 introduced a new designation of sexual entertainment establishment, requiring Sexual Entertainment Licence. It was noted that under this legislation, premises can provide ‘infrequent’ entertainment without the need for a licence, but any venue wishing to have sexual entertainment on a regular basis would require a licence,

He emphasised that apart from changes to some descriptions of what constitutes a high-risk area and other more specific things, the actual policy is much the same as before.

The Cabinet Member Development and Safety invited the Chair of the Licensing Committee to speak further about the policy, having been a key statutory consultee in the process. He thanked the Leader and the Cabinet Member Development and Safety for their help, and stressed that it is better to operate under 40 enforceable conditions rather than under statutory exemptions, with less control. Any venue licensed during race week will be visited daily by a Licensing Officer and police licensing officer to ensure compliance. The welfare of performers is a key concern, and changes to the policy include a requirement to have information about trafficking, sexual assault etc. displayed in changing rooms, to ensure that support networks are clear to all those involved. The protection of children is also strengthened by increasing the Challenge 21 policy to Challenge 25. He urged Cabinet to accept the policy, which the Cabinet Member Development and Safety echoed.

The Cabinet Member Healthy Lifestyles asked about a specific matter in the policy relating to the limit on the number of SEVs and the reasons why venues may be refused a licence. She outlined her concern that SEVs in the town centre might cause a nuisance to residents. The Cabinet Member Development and Safety responded that the new policy is more flexible in allowing Licensing Officers to determine what is and isn’t acceptable, and added that living in the town centre always means late-night disruptions are possible, not just due to race week and not just due to SEVs.

The Cabinet Member Healthy Lifestyles reiterated her concern about a lack of specificity in some areas of the report. She noted that it refers to ‘properties with sensitive users or in sensitive locations’, including religious buildings, residential areas and shops, and asked whether all of these will be taken into account. The Cabinet Member Development and Safety responded that the changes make the policy more user-friendly in terms of being able to respond to issues, but does not make it more likely that an SEV would be located near the types of areas in questions. There are a whole range of reasons why an SEV would not be opened in those types of areas, and they are hardly an issue outside of race week anyway. The new policy is broader, but it does not mean than the things on that list cannot be protected.

The Leader agreed that is was an interesting and often discussed issue. He noted that the report essentially comes to the same conclusion as the previous policy, last discussed in October 2014 – that an active regulatory approach is most appropriate course of action.

RESOLVED THAT:

1. The consultation feedback be noted;
2. The revised policy document attached at Appendix 5 be noted, and;
3. Council be recommended to adopt the revised policy document attached at Appendix 5.