Issue - meetings

To consider a recommendation from Cabinet to commence the consultation on the adoption of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.

Further to Minute No. 62 of the meeting of the Cabinet held on 19^th November, 2018 consideration was given to the report which sought approval to commence public consultation on the adoption of the Schedule, which would give local communities a greater say about the presence of sex establishments, including sex entertainment venues, sex shops and sex cinemas.  This would allow the Council to more effectively regulate such premises through a formal Sex Establishment Licensing Policy.

It was also intended to develop a draft policy, including proposals relating to the type of locations and number of sex establishments, and to seek views on that draft policy. Whilst this would potential aid a consultation, as it would give consultees a draft set of locations and a suggested number of sex establishments to consider, it could potentially limit the range of sensitive localities being identified, and limit the range of responses in relation to the number of sex establishments in particular locations and likely to elicit a more comprehensive range of views about sensitive localities and the appropriate number of sex establishments within those localities.

Councillor Keenan was in support of the report and deplored an industry where human beings were treated as commodities and booked or sold and this consultation gave everyone the opportunity to express their views.  Children had the right to move around the borough and attend churches and schools whilst not having to encounter such establishments.  Rotherham, despite what it referred to in the media, was a decent wholesome town and this consultation allowed people to make views heard and make the town a safer place.

Councillor Steele supported the report and thanked Councillor Hoddinott and the officers for protecting the interests of those who worked in this industry and welcomed the equality impact assessment.

Councillor Carter supported the policy and the proposals to regulate the industry, safeguard rights of the workers and ensure rights of all individuals were safeguarded.  He supported the consultation with regards to sex establishments in Rotherham.

Councillor Cusworth was also in support of the report.

Resolved:-  (1)  That the proposal to adopt Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (as amended) be considered, and the commencement of public consultation in relation to the proposed adoption be approved.

(2) That, in line with Option 2(b) (Section 4), a proposed draft Sex Establishment Licensing Policy, to run parallel to consultation on the adoption of Schedule 3 above, be approved.

Mover:-  Councillor Hoddinott                 Seconder:-  Councillor Beaumont

Report of the Acting Strategic Director of Regeneration and Environment

Recommendations:-

1.    That the proposal to adopt Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (as amended) be considered, and that Cabinet recommend to Council to agree the commencement of public consultation in relation to the proposed adoption.  ...  view the full agenda text for item 62

Consideration was given to the report which outlined a proposal to consult on the adoption of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 that, following amendment through the Policing and Crime Act 2009, classified the following establishments as sex entertainment venues:-

·             Lap, pole and table dancing;

·             Strip  ...  view the full minutes text for item 62

Cabinet Portfolio:-                Waste, Roads and Community Safety

Strategic Directorate:-          Regeneration and Environment

Consideration was given to a report which was due to be considered by the Cabinet at its meeting on 19 November 2018 which outlined a proposal to consult on the adoption of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 that, following amendment through the Policing and Crime Act 2009, classified the following establishments as sex entertainment venues:

·         Lap, pole and table dancing;

·         Strip shows;

·         Peep shows and live sex shows.

The report sought consent from Cabinet to recommend that Council approve the commencement of public consultation on the adoption of the Schedule. The adoption of the Schedule would give local communities a greater say about the presence of sex establishments, including sex entertainment venues, sex shops and sex cinemas, and would allow the local authority to more effectively regulate such premises through a formal Sex Establishment Licensing Policy. The report to Cabinet also sought approval to begin public consultation on a proposed Sex Establishments Licensing Policy to run parallel to consultation on the adoption of Schedule 3.

Members welcomed the report, along with the accompanying equality analysis, and queried what groups would be consulted and how they would be targeted. In response it was confirmed that there was a wide ranging indicative list of groups and organisations who would be consulted, which included women’s refuges, schools, youth facilities and places of worship. The intention was to undertake a structured consultation with these groups and with existing establishments in the borough, along with industry representatives and workers.

Clarification was sought as to whether the Council envisaged that licensing fees would vary for different types of venue. In response it was confirmed that a fee had been set out and all venues were classed in the same way within statute, but the consultation would provide an opportunity to express views on what was proposed.

The proposals had been designed to regulate business and provide a robust policy for regulation that protects the community around them and people working within those businesses. Members queried whether there was confidence in the proposals to avoid challenge. Officers indicated that there was the potential for legal challenge by the industry and those against the industry.

.

Members further highlighted the need for safe consultation with those working within the industry to protect their welfare, especially those were could be considered to be vulnerable. The Cabinet Member for Waste, Roads and Community Safety agreed with the point on worker welfare and the need for safe consultation with those individuals Members further added that it would be helpful if officers could establish a means for safe and anonymous consultation for workers in the industry. 

Resolved:-

1.    That Cabinet be advised that the recommendations be supported.

2.    That a wide ranging consultation be supported.

3.    That engagement with industry workers take place on a safe and anonymous basis during the consultation period.