Venue: Council Chamber, The Arc, Clowne
Contact: Tom Scott Governance Officer Email: email@example.com
Apologies For Absence
Apologies for absence were received on behalf of Councillor Rose Bowler, Councillor David Downes and Councillor Stan Fox.
Urgent Items of Business
To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.
There was no urgent business to be considered at the meeting.
Declarations of Interest
Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:
a) any business on the agenda
b) any urgent additional items to be considered
c) any matters arising out of those items
and if appropriate, withdraw from the meeting at the relevant time.
There were no declarations made at the meeting.
To consider the minutes of the last meeting held on 28th July 2021.
Councillor David Dixon requested that an amendment be made to the minutes, because the question about making CCTV in taxis financially easier on operators was asked by Councillor David Downes rather than Councillor David Dixon.
Moved by Councillor Ray Heffer and seconded by Councillor Andrew Joesbury.
RESOLVED that the minutes of General Licensing Committee on 28th July 2021 be
accepted as a correct record.
The Environmental Health Team Manager – Licensing presented a report to consider the responses to the Sex Establishment Policy consultation and approve the draft Sex Establishment Policy for adoption at Council, with officer responses to each consultation comment included in the Appendices. She explained that in summary, the consultation respondents considered:
1) That the draft policy was adequate, appropriate and clear;
2) That the draft policy was fair to both residents and licensed premises;
3) That there was likely no suitable area within the district for a Sex Establishment; and
4) That Sex Establishments were not desirable within the District and the adoption of the legislation was not necessary.
The Environmental Health Team Manager – Licensing explained that the response to the consultation showed an overwhelming objection to Sex Establishments being established within the District. She added that if the legislation and the draft policy were not adopted, the Council’s powers to regulate such premises would be more limited.
Councillor Andrew Joesbury asked if it was made clear in the draft policy that the Council did not want Sex Establishments. The Solicitor stated that there was a presumption in the policy to that effect.
The Environmental Health Team Manager – Licensing explained that if the policy was approved, a notice about it would need to appear in a local newspaper for 2 weeks. The Solicitor added that a press release would be published at the same time to emphasise that the policy would give the Council more control over Sex Establishments, and would not result in more being opened. The press release would also make the distinction between brothels and Sex Establishments (sexual entertainment venues/sex shops/sex cinemas) because this was a point some consultees had misinterpreted.
Councillor Mary Dooley asked who had been responsible for this policy being produced. The Environmental Health Team Manager – Licensing explained that the advice to produce it was given by the former Council Solicitor.
Moved by Councillor Mary Dooley and seconded by Councillor Andrew Joesbury.
(i) General Licensing Committee notes the outcome of the Public Consultation on adoption of the powers on the control of sex establishments under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 27 of the Policing and Crime Act 2009, and the strong feelings expressed by respondents to the consultation.
(ii) The Joint Assistant Director (Environmental Health) be required to make a report to the next full Council meeting to consider a recommendation to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) together with the draft policy.
(Joint Assistant Director - Environmental Health/Environmental Health Team Manager –
The meeting concluded at 10:45 hours.