Licensing Committee – 14 September 2010
PRESENT: Councillor Barkworth in the chair.
Councillors Swift (vice-chair), Armitage, Bainbridge, Berry, Carlile, Cawsey, Eckhardt, T Foster, Glover, Jawaid MBE, O’Sullivan, K Vickers, P Vickers and Wells.
The committee met at Pittwood House, Scunthorpe.
880 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests –
Nature of Interest
|Councillor Armitage||885||Licence holder|
881 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 15 July 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair.
882 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 30 July 2010 be received.
883 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 19 July 2010 be received.
884 (8) LICENSING POLICY – SEX ESTABLISHMENTS – The Service Director Neighbourhood and Environment submitted a report presenting a draft licensing policy for Sex Establishment Licensing for approval prior to appropriate consultation. A copy of the draft policy was attached as appendix A of 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. These Licenses were issued in accordance with schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, 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. 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.
Resolved – That the draft licensing policy for Sex Establishment Licensing be approved subject to appropriate consultation.
885 (9) REBALANCING THE LICENSING ACT – The Service Director Neighbourhood and Environment submitted a report informing members of the content of a recent Home Office six week consultation, entitled ‘Rebalancing the Licensing Act – A consultation on empowering individuals, families and local communities to shape and determine local licensing’. A copy of the consultation document was attached as appendix A of the report.
As the closing date for the consultation was 8 September 2010 and there was no scheduled meeting of the committee before that date, a response had been drafted by the Service Director in consultation with the chair of the committee. A copy was attached as appendix B of the report.
Members commented upon the consultation document and emphasised support for the response to questions 10 and 11.
Resolved – That the report be noted
886 APPEALS SUBMITTED TO THE MAGISTATES COURT – The Service Director Legal and Democratic reported orally that since the last meeting of the committee on 15 July 2010, one decision of the Licensing (Activities) Sub Committee (minute 869 refers) had been appealed to the Magistrates Court. The appeal was scheduled to be heard on 5 October 2010.
Resolved – That the position be noted.