Sex Establishments - Consultation on Draft Policy
Northumberland County
Council Statement of Licensing Policy for Sex
Establishments – Consultation on Draft Policy
Northumberland County Council is
currently seeking comments upon the above draft policy.
Set out below is the background to this issue and the steps taken
to date by the Council and those it proposes to carry out so as to
provide an effective means to control “sex establishments” within
Northumberland.
The consultation will run for 8 weeks
from Friday 11th March 2011 to Sunday 8th May
2011.
New legislation has been introduced by Section
27 of the Policing and Crime Act 2009 which enables councils to
effectively control sex establishments by amending Section 2 and
Schedule 3 of the Local Government (Miscellaneous Provisions) Act
1982. Prior to 6th April 2010 sex establishments
were defined as ‘sex cinemas’ and ‘sex shops’, A new category of
‘sexual entertainment venue’ has now been introduced and provisions
have been made to allow local authorities to regulate lap dancing
clubs and similar venues under Schedule 3 of the 1982 Act.
On 3rd November 2010 the Council
agreed to adopt Schedule 3 of the Local Government (Miscellaneous
Provisions) Act 1982, and this came into effect on 20th
December. It was also agreed to introduce a policy setting
out the Council’s intended approach for the consideration of
applications for licences for sex establishments.
In adopting Schedule 3 and introducing a
policy there is no presumption that a licence will be granted
following an application being submitted. The purpose of the
policy is to assist the Council to conduct its duties and
responsibilities in a fair and transparent manner and to assist
applicants for licences and local residents to play an effective
role in the licensing process.
Following the adoption by Council of the
legislation the following transitional arrangements have come into
force:
- 1st appointed date - the date the Council resolved that
Schedule 3 comes into force.
(The resolution was passed on 3 November 2010,
the Schedule came into force on
20th December 2010).
- 2nd appointed date - 6 months from the 1st appointed
date. (20 June 2011). New applicants who submit an
application after the 1st appointed date would not be
able to operate until they are granted a sexual entertainment venue
licence. Any applications made after 20th December
2010 and before 20th June 2011 would be considered
together. This is because an application for a licence can be
refused by the Council having regard to the number of sexual
establishments that are permitted in any particular locality of the
Council. This is to enable each application to be considered
on its own particular merits rather than on a first come first
served basis. Any new licences granted would come into immediate
effect.
- 3rd appointed date – a further 6 months from the 2nd appointed
date and when the transitional period would end (20 December 2011).
Existing venues licensed under the Licensing Act 2003 that do
provide sexual entertainment as defined within Section 27 of the
2009 Act will be able to continue to operate under that licence
until the 3rd Appointed date, or until their submitted
application has been determined (including any appeal against a
refusal to grant a licence), whichever is the later. This is to
give such venues sufficient time to comply with the new regime of
licensing. However, if no application is made the premises will no
longer be licensed for sexual entertainment after 20 December
2011.
Initial applications could be made between the
2nd and 3rd appointed dates.
If you feel you have an interest in the
policy, we would be grateful to receive your views on the draft
policy.
A copy of the draft policy is available to
view by clicking on the relevant link
below. Alternatively upon request, arrangements can be
made to provide a hard copy of the policy by contacting the Public
Protection Service Tel 01670 534605 or by email ehadmin@northumberland.gov.uk
Should you wish to comment upon the
policy please complete the consultation response form with
your comments and return to to me at the address shown below no
later than 5.00pm on Sunday 8th May
2011.
Philip Soderquest
Northumberland County County Council
Loansdean
Morpeth
NE61 2AP
