Sex Establishment Licensing - Considerations and Adoption of Standard Conditions
Purpose
The purpose of the report is for the Licensing Committee to consider and adopt the proposed standard conditions application to all classes of sex establishments, including minimum standards relating to the formulation of Codes of Conduct for dancers and customers in respect of sexual entertainment venues.
RECOMMENDED:-
a) That the Licensing Committee approve and adopt the standard conditions as set out in Appendix B of this report;
b) That the Licensing Committee rescind the existing conditions applicable to sex establishments as sent out in Appendix A; and
c) That the Licensing Committee delegates authority to the Head of Health, Safety and Licensing to substitute, delete, vary or amend such conditions at any time.
A report by the Licensing Manager is attached
Minutes:
Members confirmed that they had read the written deputations from Sarah Bland, Portsmouth resident, Chair of Solent Feminist Network that had been circulated to members prior to the meeting.
Mr Ojla, owner of Wiggle and Elegance and John Fernandez, manager of Wiggle asked the committee to note the following comments:
· 97% of respondents to a consultation two years ago were in favour of keeping the establishments open.
· Of all the night time economy businesses in the area, the police reported that these types of establishments caused the fewest problems.
· Crime in the area was reduced because of the CCTV around Wiggle.
· Clients appreciate the venues because they are quieter than pubs and more upmarket. They can enjoy a chilled out evening in the company of pretty girls.
They outlined their concerns with some of the proposed conditions that were set out in appendix B of the report:
50 Members were asked to compare flyers which were circulated to the committee from Elegance and those promoting entertainment nights in pubs and clubs in the area. The latter showed photos of scantily clad women whilst the former was a silhouette of a woman pole dancing.
42 If they were prohibited from displaying their logo it would be difficult for customers to differentiate between them and other venues.
43 It would not be practical to come to the licensing committee for approval of every external display or advertising material before these are used.
Paul Ojla, OJs Group asked members to consider his comments on the following proposed conditions:
7 It would be difficult to define what is meant by the term vicinity in this context. He asked if the 'touting or soliciting custom' referred to handing out flyers. Promotion is very important to a business.
17 This condition is not required.
31 If the conditions can be amended at any time by the council, what is the point of this meeting?
42 The logo of Wiggle (a silhouette of a woman pole dancing) is not seedy so there is no need for this condition.
50 Prohibiting flyers and similar promotional material would put this business at an unfair disadvantage with regard to other venues.
Councillor Adair thanked the licensees for keeping the promise made at the previous licensing policy meeting to paint the front of the building located in Granada Road.
In response to the points raised and further questions from the committee, the Licensing Manager made the following points:
· Venues with licences to provide sexual entertainment are subject to much stricter regulatory regime than those with alcohol licences.
· Condition 6 has been in place since 1982 when the controls of SEVs were first established. It is not appropriate to have SEV staff touting for business on the public highway.
· The SEV policy is currently based on the assumption that there will be no SEVs in Portsmouth with the exception of existing premises. However, licences could be transferred to new operators.
· The details of the licence for SEVs have not yet been agreed so the current external displays and flyers are not subject to any conditions unless they are considered to be injurious to children or offensive.
42 In order to give the committee discreet control of displays the following wording could be added at the end of the condition 'with the approval of the Licensing Authority.'
43 & 50 It is important to bear in mind that these conditions also apply to sex shops and cinemas and that future operators may adopt more aggressive marketing tactics. The committee could delegate authority for approving external displays or advertising to officers.
In response to a question from the committee, the Assistant City Solicitor explained that other Licensing Authorities are rationalising standard conditions for sex establishments to bring them in line with changes in the law and that any condition is subject to challenge.
Councillor Ellcome expressed concern regarding the following proposals:
· Applying stricter restrictions on SEVs than on other night time economy venues.
· Delegating authority to one officer to substitute, delete, vary or amend the conditions at any time.
· The prohibition of displays of the human form which would include Wiggle's logo which is not pornographic. Pole dancing is a recognised form of fitness training.
The Licensing Manager explained that:
· The flyers for events in pubs and clubs that had been circulated were produced by a promotorship that runs event nights and entertainment.
· Sexual entertainment can be provided at venues that are licensed to provide alcohol up to 11 times per year. The licensing committee can only consider the promotion of the licensing objectives and censorship legislation when reviewing these venues. However, a SEV can provide entertainment of a more sexual nature.
· Officers would only vary conditions in very limited circumstances, for example to allow more flexibility or to reflect changes to the law. Over the last 22 years officers have not sought to vary any.
· If the committee were to allow displays of the human form this would also apply to sex cinema adverts. Potential issues might arise if the conditions are relaxed.
· External signs are not subject to any regulation at the moment.
· The committee would need to consider how to distinguish between sex cinemas, SEVs and sex shops.
In response to questions from the committee, the Licensing Manager explained that the proposed conditions are based on a national template and best practice from other local authorities.
Councillor Lee Mason proposed the following amendments:
7 The Licence holder nor any employee or agent shall tout or solicit custom for the sex establishment immediately outside or in the vicinity of the licensed premises prior to a watershed at 9pm.
17 & 43 Any external advertising, words, signs, displays or illuminations must be removed if objected to by the council.
42 The exterior of the premises shall not contain any displays or depictions of an overtly sexual and graphic nature […]
48 Performers may not stand in a state of undress in any lobby.
50 Remove.
The Assistant City Solicitor advised that the amendment to number 17 would entail confusion regarding powers of entry and potential damage to property. The original proposed wording would be simpler to enforce.
RESOLVED that:
1. The standard conditions as set out in Appendix B of the report subject to the following conditions being removed: 7, 42, 48, 50 be approved and adopted.
2. The existing conditions applicable to sex establishments as set out in Appendix A be rescinded.
3. Authority be delegated to the Head of Health, Safety and Licensing to substitute, delete, vary or amend such conditions at any time subject to a subsequent report to the Licensing Committee advising of any changes.