Agenda item

Review of Sexual Entertainment Licensing Policy

Minutes:

The Licensing and Public Protection Manager introduced the report as published.

 

The committee provided the following feedback to the Cabinet Member of Safety & Communities on the draft policy:

-       The committee thanked the Head of Public Protection and the Cabinet Member for the work carried out on a very strong policy. They also thanked everyone who has already engaged in the original consultation and encouraged people to comment on the draft policy.

-       They highlighted the importance of keeping the document relevant, robust and up-to-date to promote the highest possible standards.

-       Members agreed that it remained preferable to licence and regulate sexual entertainment venues as this provided the best opportunity for safeguarding everybody involved.

-       The nil limit outside the town centre provided a clear steer on where venues are likely to be tolerable.

-       It was recommended that the limit of 2 venues should be removed and that the market should be left to decide how many venues can be supported, particularly given the possibility that the limit may push venues to open under the infrequent use exemption rules instead of as licensed venues. It was suggested that the Cabinet Member could consider introducing a rate of change to the policy to add a limit of 2 additional venues each year, although it was noted that this might be a challenging inclusion as it could reduce the flexibility of the committee’s decision making powers.

-       The proposed extension to the designated permitted area makes sense following the decision to license Under the Prom.

-       The suggested wording amendments were felt to have positively improved the clarity of the conditions and reduce the likelihood of technical breaches.

-       It was also highlighted that the specificity of the changes to section 25 was positive as it means protections for performers have been enshrined within the policy and reflects feedback received in the original consultation. It will reduce some of the negative working conditions that the committee have seen in the past.

-       Need to list what policies are included in terms of discretionary grounds.

-       The work carried out on the Public Sector Equality Duty and Equality Assessments is really important to consider how this policy impacts people with protected characteristics. The Chair thanked Leo Charalambides, the editor of the Journal of Licensing, for the work he has carried out in this area.

-       It should be considered how the pledge that the council will tackle violence against women and girls could be added to the policy within the legal framework it operates within.

-       It was suggested that those people working for the applicant in the public realm should be required to carry out bystander training on a 3-year basis to ensure they are trained at a proportionate level.

-       They welcome the integrated approach to safety as those working within the SEV industry experience unique vulnerabilities often alongside specific profiles, for example the LGBT+ community can be disproportionately impacted. These groups don’t necessarily have a high standard of social mobility or education available to them, so this industry can be a useful source of work but it is important that the council seek to regulate this to a higher extent. It is valuable to link together the different work the council is doing to ensure it is as inclusive as possible so it was suggested the policy should be integrated further with the safeguarding and social standards.

 

Councillor Harvey thanked Councillor Willingham for the sensitive way he has chaired this topic during his tenure and highlighted his exemplary background knowledge. He highlighted that the committee have listened to all viewpoints with an open mind within the primary legislation, which falls outside the control of the council. In the past this has led to Members being threatened and abused. The committee take the concerns and safety of women seriously and have written to both the Conservative and Labour government, and have tried engaging with the Local Government Association and Institute of Licensing to highlight the concerns that have been raised with them. Members confirmed the importance of polite discourse and active engagement and encouraged people to read and comment on the policy during the consultation.

 

The committee:

-       Noted the proposed revisions to the authority’s adopted licensing policy for Sexual Entertainment licensing policy; and

-       Provided formal recommendations and responses to the Cabinet Member of Safety & Communities in relation to the proposed revisions of the licensing policy.

Supporting documents: