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Ola.Olaluwoye@Rbk.Kingston.Gov.Uk This Agenda Is Available On For enquiries on this agenda please contact: Ola Olaluwoye 020 8547 5021 e-mail: [email protected] This agenda is available on www.kingston.gov.uk/CommitteeMinutes 5 October 2011 AGENDA A meeting of the LICENSING COMMITTEE will be held at GUILDHALL, KINGSTON UPON THAMES on THURSDAY 13 OCTOBER 2011 at 7:30 pm Councillor Simon James ( Chair ) Councillor Trevor Heap ( Vice-Chair ) Councillor Stephen Brister Councillor Tim Dennen Councillor David Edwards Councillor David Fraser Councillor Liz Green Councillor Adrian Holder Councillor Richard Hudson Councillor Shiraz Mirza Councillor Barry O'Mahony Councillor Ken Smith Councillor Robert-John Tasker Councillor Frank Thompson Councillor Marc Woodall EMERGENCY EVACUATION ARRANGEMENTS On hearing the alarm, which is a loud siren, please leave the building by the nearest available fire exit and assemble by the triangle at the front of Guildhall. Anyone requiring assistance to evacuate the building should proceed to the refuge areas, which are situated outside Committee Room 1 and the Mayor’s Parlour where you will be met by a member of the building management team and assisted from the building. A. APOLOGIES FOR ABSENCE AND ATTENDANCE OF ALL ALTERNATE MEMBERS B. MINUTES C. DECLARATIONS OF INTEREST Members are asked to state any interests – personal or prejudicial – on items on this agenda. 2 In general terms, a private interest is where the item could be viewed as benefiting the well-being or financial position of a Councillor, a relative or a friend more than it would other residents/businesses, etc. in the borough. A prejudicial interest is where it would be reasonable for a member of the public to take the view that a Councillor’s personal interest in the matter is so significant that their judgement of the public interest may be prejudiced. The detail on interests is in part 5A of the constitution – Members’ Code of Conduct. AGENDA 1. DRAFT POLICY ON THE LICENSING OF SEX ESTABLISHMENTS Appendix A REPORT BY SERVICE MANAGER ENVIRONMENTAL HEALTH & BEREAVEMENT SERVICES 2. DRAFT STATEMENT OF LICENSING POLICY UNDER THE Appendix B LICENSING ACT 2003 REPORT BY SERVICE MANAGER ENVIRONMENTAL HEALTH & BEREAVEMENT SERVICES 3. CONSULTATION ON THE NEED FOR A SPECIAL POLICY ON Appendix C CUMULATIVE IMPACT REPORT BY SERVICE MANAGER ENVIRONMENTAL HEALTH & BEREAVEMENT SERVICES 4. DRAFT CONDITIONS IN RESPECT OF THE SALE OF DOGS IN Appendix D PET SHOPS REPORT BY SERVICE MANAGER ENVIRONMENTAL HEALTH & BEREAVEMENT SERVICES 5. PROPOSED CHANGES TO THE LICENSING ACT 2003 The Committee will be given an oral update accompanied by a briefing note at the meeting. A1 APPENDIX A LICENSING COMMITTEE 13 OCTOBER 2011 RESPONSES TO THE CONSULTATION ON A DRAFT POLICY ON THE LICENSING OF SEX ESTABLISHMENTS REPORT BY SERVICE MANAGER ENVIRONMENTAL HEALTH & BEREAVEMENT SERVICES SUMMARY This report seeks to advise the Committee of the outcome of the consultation on the draft Policy on the Licensing of Sex Establishments. The Committee is asked to note the outcome of the consultation and determine any alterations to the draft Policy arising from the consultation responses before approving the policy for implementation. RECOMMENDATIONS It is RECOMMENDED that the Committee: 1. notes the responses to the consultation on the draft Policy on the Licensing of Sex Establishments, 2. identifies any alterations to the draft Policy necessary in light of the consultation responses, and 3. resolves to adopt the Policy on the Licensing of Sex Establishments BACKGROUND 1. At its meeting of 12 May 2011, the Licensing Committee agreed a draft Policy on the Licensing of Sex Establishments for pubic and Neighbourhood Committee consultation. Whilst copies of the draft policy will be available at the meeting, it is also available to view and download prior to the meeting at www.kingston.gov.uk/sex_establishment_licensing . 2. The licensing of sex establishments has been undertaken by the Council since it adopted Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 in October of that year. The legislation at the time allowed the Council to licence Sex Establishments, defined as being Sex Shops and Sex Cinemas. 3. In April 2010, provisions contained with section 27 of the Policing and Crime Act 2009 came into force, and added a new category of sex establishment to the list of licensable establishments contained within Schedule 3 of the 1982 Act, that being Sex Entertainment Venues. 4. The Council, at its meeting on 1 March 2011 resolved to adopt the provisions of section 27 of the Policing and Crime Act 2009 as they relate to Schedule 3 of the A2 Local Government (Miscellaneous Provisions) Act 1982 to come into effect on 1 April 2012. In doing so, Council resolved that: • responsibility for determining sex entertainment applications be delegated to Neighbourhood Committees; • responsibility for determining a sex entertainment licensing policy, and the application process, be delegated to the Licensing Committee, (for further delegation of such functions, via policy, as may be necessary to a subcommittee or to the Service Manager of Environmental Health); and • no policy or application process be adopted until such time as each Neighbourhood Committee has been consulted. CONSULTATION 5. The draft policy was presented to Neighbourhood Committee’s in June 2011, prior to being made available for consultation on the Council’s website between 1 July 2011 and 30 September 2011. 6. A number of statutory and non-statutory bodies, together with local business groups, resident associations and members of the licensed trade were directly notified of the consultation. A full list of those directly consulted is given at Annex 1. RESPONSE TO THE CONSULTATION 7. The Authority received three responses to the consultation, given at Annex 2, from the Reverend Bruce Stuart, Chair of Kingston Inter-faith Forum ( Annex 2/ A together with the response from officers providing clarification), Mr Chris Holding, Managing Director of Ama-Gi Limited ( Annex 2/ B) and the Reverend Stan Brown, Kingston University Ecumenical Chaplain ( Annex 2/ C), which incorporates comments from the Revd Bonni-Belle Pickard, Methodist Circuit Superintendent for Kingston and Richmond. 8. In addition, responses from the Neighbourhood Committees were recorded in the minutes of their meetings, and are given at Annex 3 . 9. The Committee will be aware that, in relation to Sex Establishment applications, the Authority is not able to make decisions based on moral grounds. The legislation does however provide the Authority with wide-ranging and effective powers to determine applications, set out at Part 3 of the draft Policy (paragraph 44 onwards). The powers include the option to reject applications where the proposed licence would be inappropriate given the character of the locality or the use to which any premises in the vicinity are put. 10. The Committee may wish to note that the concerns expressed by Mr Holding relate to the proposed draft conditions detailed in Annex 2 of the draft policy and make reference to the page numbering applied to the draft policy in the papers of the Licensing Committee meeting in May. DECISION 11. The Licensing Committee is empowered by the decision made by Council on 1 March 2011 to agree policy in respect of the Licensing of Sex Establishments. The Committee is mandated to give due consideration to the comments of Neighbourhood Committees, who are empowered to make decisions on A3 applications made under this regime (in accordance with the scheme of delegation set out in the draft policy). Council resolved that the provisions be adopted, to come into effect on 1 April 2012. 12. The committee is therefore invited to resolve to adopt the draft policy to come into effect on 1 March 2012, in time for the Council to undertake the statutory notice period prior to implementation of the regime. 13. The Committee is invited to consider the draft Policy on the Licensing of Sex Establishments in light of the responses to the consultation, and resolve to adopt a Policy on the Licensing of Sex Establishments in line with the above. FINANCIAL IMPLICATIONS 14. Whilst the determination of applications at Neighbourhood Committees is likely to require expenditure in terms of room hire and other ancillary matters, the 1982 Act allows authorities to determine their own reasonable fees for the licensing of sex establishments, which could include recovery of these anticipated costs. 15. Consequently, it is anticipated that adoption of the new provisions relating to sex establishment licensing will be cost neutral. ENVIRONMENTAL IMPLICATIONS 16. The Policy on the Licensing of Sex Establishments sets out the framework within which decisions are made that affect the character of the locality, the use to which any premises is put and the protection of children and young persons from exposure to inappropriate materials. BACKGROUND PAPERS 17. Report to Licensing Committee 12 May 2011 - Policy on the Licensing of Sex Establishments under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982. Author of report : David Kingstone, Team Leader – Environmental Control – 020 8547 5537 , e-mail: [email protected] A4 Annex 1 Draft Policy on the Licensing of Sex Establishments Recipients of Direct Consultation Authorities & Public Bodies § Chief Officer of Police Residents Associations § Environmental Health – Polution Control § Environmental Health - Health & Safety § Brook Street Residents Association § Development Control
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