Agenda item

To seek approval for the adoption of a revised draft North Tyneside Council Statement of Licensing Policy (Sex Establishments) at Appendix 1 to the report.

Cabinet received a report seeking approval for the adoption of the revised North Tyneside Council Statement of Licensing Policy (Sex Establishments) as attached at Appendix 1 to the report.

The North Tyneside Council Statement of Licensing Policy (Sex Establishments) was first adopted on 20 January 2011 following the formal adoption by the Authority of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 and the policy has been regularly reviewed thereafter.

In 2010 the Local Government (Miscellaneous Provisions) Act 1982 (’the Act’) was amended 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 had been long established that it was good practice for Licensing Authorities to adopt various non-statutory policies that assisted in 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 would have to make their case as to why the licence should be granted in that particular location contrary to the policy.

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 had 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 lasted for more than 24 hours, and there was a month between each occasion, no sexual entertainment licence was 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.

A draft Statement of Licensing Policy had been prepared. The numerical limit of nil for the specified area of Whitley Bay was retained for the purposes of the draft policy and consultees were specifically asked to comment on this aspect of the Policy. The draft Policy had been updated to include the following:

·       Updated references to Council Plan

·       Reference to Public Sector Equality Duty

·       Need for Basic Disclosure Certificate for applicants

·       Safeguarding training for applicants.

An engagement period of six weeks had taken place from 10 October to 20 November 2022. An online survey was developed for individuals or businesses to make consultation responses as well as being able to make written responses. Information was made available on the Engagement Hub. At the conclusion of this consultation 16 responses were received. A summary of the responses was attached at Appendix 2 to the report.

Of the 16 responses received, all were in support of the revised Policy. In addition, every response received agreed with the imposition of a nil limit for licences in the Whitley Bay area. Northumbria Police commented that all premises previously providing adult entertainment on South Parade were no longer trading. In consideration of the responses, no further amendments to the draft Policy were made.

The fees were reviewed annually against any rise or reduction in the cost of administering the licensing regime.

Cabinet considered the following decision options: to approve the recommendations set out in paragraph 1.2 of the report; or alternatively, to not accept the recommendations.

Resolvedthat the adoption the revised North Tyneside Council Statement of Licensing Policy (Sex Establishments) as attached at Appendix 1 to the report, be approved.

(Reason for decision: To ensure that the existing Policy is updated and remains transparent, accountable, proportionate and consistent. The Policy has been subject to a six-week consultation exercise and views expressed during that period have been considered in formulating the final draft document.)