Licensing Committee – 15 March 2011
Chair: Councillor Barkworth
Venue: Function Room 1, Pittwood House, Ashby Road, Scunthorpe
- Declarations of personal or personal and prejudicial interests or significant contact with applicants, objectors or third parties (lobbying) if any
- To take the minutes of the meeting of this committee held on 14 January 2011, as a correct record and authorise the chair to sign
- Licensing Policy – Sex Establishments
- Police Reform and Social Responsibility Bill
- Appeals submitted to the Magistrates Court (if any) – oral update by the Service Director Legal and Democratic
- Any other items which the chair decides are urgent by reason of special circumstances which must be specified.
Note: Reports are by the Service Director Neighbourhood and Environment unless otherwise stated.
PRESENT: Councillor Barkworth in the chair.
Councillors Swift (vice-chair), Barker, Berry, Davison, Eckhardt, Ellerby, L Foster, T Foster, Glover, Jawaid MBE, Simpson, K Vickers, P Vickers and Wells.
The committee met at Pittwood House, Scunthorpe.
908 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following member declared a personal interest:
Nature of interest
|Councillor Jawaid||911||Member of family is a licence holder|
909 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 14 January 2011, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair.
910 (20) LICENSING POLICY – SEX ESTABLISHMENTS – Further to minute 884, the Service Director Neighbourhood and Environment submitted a report presenting a proposed Sex Establishment Licensing Policy which the committee was required to consider prior to recommending its approval to council. Consultation on the policy had taken place over a recent 13 week period with no comments received. A copy of the draft policy was appended to the report.
The report explained that North Lincolnshire Council had a duty to protect the public and was authorised to carry out the statutory function of issuing licences in relation to Sex Establishments. The council had adopted Part II of the Local Government (Miscellaneous Provisions) Act 1982 in August 2001, and these licenses were issued in accordance with schedule 3 of the Act, which had been amended by section 27 of the Policing and Crime Act 2009.
The amendment to the Local Government (Miscellaneous Provisions) Act 1982 by the Policing and Crime Act 2009 included additional activities in need of a licence. These activities included adult entertainment, such as strip tease, lap dancing and pole dancing. Such activities were also licensable under the Licensing Act 2003 as regulated entertainment.
The report explained that following amendment to the aforementioned Act, it had been deemed necessary to re-adopt the provisions of the Act to include the additional licensable activities. If the council does not re-adopt the provisions of the Schedule 3 of the Act (as amended), it would not be able to control the additional activities set out above.
There was no legal requirement for the policy, however it was considered to be best practice to adopt such a policy, therefore bringing the activity into line with other licensable activities.
The Service Director responded to questions asked by members.
Recommended to council – (a) That the Sex Establishment Licensing Policy be approved and adopted, and (b) that the provisions contained in schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) be re-adopted for the whole of North Lincolnshire.
911 (21) POLICE REFORM AND SOCIAL RESPONSIBILITY BILL – Further to minute 885, the Service Director Neighbourhood and Environment submitted a report on likely implications for the Licensing Authority of the above Bill, which had first been presented to Parliament on 1 December 2010.
The report listed a number of likely changes the Bill proposed to make to the Licensing Act 2003, which were discussed by the committee. The Service Director, however, emphasised that the full impact of the proposed changes had yet to be determined as the Bill could be subject to significant changes before it completed its full passage through Parliament.
Resolved – That the report be noted.
912 APPEALS SUBMITTED TO THE MAGISTATES COURT – The Service Director Legal and Democratic reported orally that no decisions of the council’s Licensing Committee, Licensing (Miscellaneous) Sub-Committee or Licensing (Activities) Sub-Committee had been appealed to the Magistrates Court since the last meeting of the committee on 14 January 2011.
Resolved – That the position be noted