Agenda item

Review of the North Tyneside Statement of Licensing Policy (Sex Establishments)

To seek approval to consult on the revised draft North Tyneside Council’s Statement of Licensing Policy (Sex Establishments) at Appendix 1.

Minutes:

Cabinet received a report which sought approval to consult on the revised draft North Tyneside Council’s Statement of Licensing Policy (Sex Establishments).  The draft policy was appended to the report at Appendix 1.  The current policy had been adopted by the Authority in 2017.  A further report would be presented to Cabinet at the end of the consultation period seeking approval for the adoption of the Policy.

 

In 2010 the Local Government (Miscellaneous Provisions) Act 1982 (’the Act’) wasamended to include a new category of sex establishment, namely a sexual entertainment venue. The Council adopted Schedule 3 of the 1982 Act in 2011 to enable the Authority to license sexual entertainment venues as well as the existing categories of sex establishments, namely sex shops and sex cinemas.

 

Although there was no statutory requirement to have a policy concerning the licensing of sex establishments, it has been long established that it is good practice for Licensing Authorities to adopt various non-statutory policies that assist in the promotion of decision making and the promotion of consistency in decision-making. It also informed the licensing trade and the public of the approach of the Licensing Authority to sex establishment licensing in its area.

 

The existing policy included a numerical limit on the number of sexual entertainment venues within a specified area of Whitley Bay, namely the area bordered by Whitley Road, Park Avenue, the Promenade and the Esplanade. That limit had been set as nil. That limit did not preclude an application for a licence being made within the specified area that would take the number of licences in the area above the set limit. However, in such a situation the presumption would be to refuse such an application and the applicant will have to make their case as to why the licence should be granted in any particular location contrary to the policy which has set the limit in that area as nil.

 

As part of the engagement exercise the views of the public and trade would be sought in relation to whether or not this numerical limit should remain at nil, is amended or removed altogether.

 

There were some statutory exceptions for the need for sexual entertainment venues to be licensed. For example if sexual entertainment takes place in a premises that has the benefit of a Premises Licence issued under the Licensing Act 2003 on no more than 11 occasions in a 12 month period and no such occasion lasts for more than 24 hours, and there is a month between each occasion, no sexual entertainment licence is required by that premises.

 

Since Schedule 3 was adopted by the Authority, there had been no applications received for a sexual entertainment venue licence. There were no licences currently issued in relation to sex shops or sex cinemas.

 

An engagement period of six weeks from 10 October to 18 November 2022 would enable responses to be received from those wishing to comment on the draft Policy. The consultation responses would be reported back to Cabinet at the conclusion of the consultation exercise.

 

Cabinet considered the following decision options:  to either approve the recommendations as set out in section 1.2 of the report, to not approve the recommendations or to instruct officers to make amendments to the Policy.

 

Resolved that (1) the Director of Regeneration and Economic Development be authorised to commence public consultation on the revised draft North Tyneside Statement of Licensing Policy (Sex Establishments); and

(2) a further report will be received by Cabinet at the conclusion of the public consultation process when Cabinet, having regard to any consultation responses, will be asked to agree the adoption of the revised Policy.

 

(Reason for decision: to ensure that the existing Policy is updated and remains transparent, accountable, proportionate and consistent.)

 

(Councillor C Burdis left the meeting at this point in proceedings).

 

Supporting documents: