Agenda and draft minutes

To record the attendance of substitute councillors, if any, who have been authorised to attend in accordance with the provisions of standing order 17(1) with notification having been given to the proper officer before the start of the meeting and to receive apologies for absence. 

Councillors Gareth Jennings, Bob Johnston, Janet Morgan, John Morgan, Peter Saunders and Val Shaw had all given their apologies for absence.  Councillor Reg Waite attended as Councillor Peter Saunders’ substitute, and Councillor Dudley Hoddinott attended as Councillor Bob Johnston’s substitute. 

To adopt and sign as a correct record the minutes of the committee meeting held on 19 May 2010 (previously published). 

RESOLVED

To approve the minutes of the committee meeting held on 19 May 2010 as a correct record and agree that the chair signs them. 

To receive any declarations of personal or personal and prejudicial interests in respect of items on the agenda for this meeting. 

None

To receive notification of any matters, which the chair determines, should be considered as urgent business and the special circumstances, which have made the matters urgent, and to receive any announcements from the chair. 

None

Any statements, petitions and questions from the public under Standing Order 32 will be made or presented at the meeting. 

None

To consider report 71/10 of the head of legal and democratic services and statement of policy (attached).

The General Licensing committee is asked to discuss the policy and make any recommendations for changes to the policy or report to Council.

The report recommends Council:

(1) to adopt Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009 so that the provisions for the control of sexual entertainment venues shall apply, and

(2) to resolve that the new powers shall take effect from 1 March 2011, and

(3) to resolve that “sexual entertainment venues” are not generally appropriate near or in locations/ or areas containing any of the following:-

·          historic buildings or tourist attractions,

·          schools, play areas, nurseries, children’s centres or similar premises,

·          shopping complexes,

·          residential areas, or

·          places of worship, and

(4) to adopt the draft policy set out at Appendix 2 to this report as the Sexual Entertainment Venue Licensing Joint Statement of Licensing Policy incorporating the guidance and conditions, and

(5) to authorise the Head of Legal and Democratic Services to publish the required legal notice of the resolution, and

(6) to note that the Head of Legal and Democratic Services in consultation with the relevant cabinet/executive member and leader of the opposition will determine the level of fees for the grant, renewal, variation and transfer of licences, and

(7) to authorise the Head of Legal and Democratic Services to amend the Constitution to give delegated powers

(a) to the General Licensing Committee to: -

(i) review the policy for sexual entertainment venue licences as necessary and recommend changes to Council, and

(ii) agree any future changes to the standard guidance and conditions for sexual entertainment venue licences, and

(b) to the South General Licensing Committee/Vale General Licensing Committee and General Licensing Sub Committee to determine applications for and revoke sexual entertainment venue licences, and

(c) to the Head of Legal and Democratic Services to grant applications where no objections have been received and there are no other statutory grounds for refusal. 

The committee considered the draft report of the head of legal and democratic services to the Council.  This presented a draft policy on the licensing of sexual entertainment venues under the provisions of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982.  The draft policy had been prepared jointly with South Oxfordshire District Council.  The policy, as amended by the two councils’ committees, would be submitted to each council for approval, accompanied by the officer’s report. 

The committee discussed the report and agreed a number of amendments to clarify wording and ensure that, as applications for this type of licence were likely to generate public scrutiny, all applications were considered by a committee or sub-committee. 

RESOLVED

(a)       To recommend that the policy and covering report be submitted to Council with the following amendments:

·        Clarify the wording in paragraph 8.4 “… councillors may represent interested parties, providing they do not also sit on the general licensing committee/sub-committee dealing with that application

·        In paragraph 8.5 to delete the words “…and not on the basis of any political judgement…”

·        Delete paragraph 9.2 entirely, and remove recommendation 7(c) from the covering report.

(b)       To recommend that the level of fees for the grant, renewal, variation, and transfer of these licences be set sufficiently high to cover all actual and potential costs associated with issuing, monitoring compliance with, and enforcing a licence, including any charges, which may be levied by other authorities for providing information in connection with an application or on-going licence.  

None