Cornwall policy consultation database sex establishment policy – 28 July to 20 October 2010
Section 11.3 – Operation of CCTV to the Council’s Satisfaction
- Bu səhifədəki naviqasiya:
- Section 11.4 – ID Checks
- Section 11.5 – Protection of Children and Vulnerable persons from Harm
- Section 11.7 – Tacit Authorisation
- Section 11.8 – Significant Degree Sex Articles
- Section 11.9 – Relevant Entertainment
- Section 11.11 – Suitable number of trained staff
- Section 11.12 – Form of Notice
- Section 12 – Policy Details
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Truro City Council – (113) |
20 Oct 2010 |
Para.11.3 - Operation of CCTV - These requirements appear comprehensive and apply to all three categories of sex establishment. |
Noted. |
None |
N/A |
YES | |||
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Stithians Parish Council (30) |
28 Sept 2010 |
11.3 Why this requirement to photograph everyone entering and leaving these premises? This can surely be challenged as discrimination? |
Cannot be discrimination if applies to everyone. |
None |
N/A |
YES | |||
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Stithians Parish Council (30) |
28 Sept 2010 |
11.3/11 What is an incident? Needs to be defined. |
An incident could be anything from a fight to a physical assault, and accident or injury to a person. |
None |
N/A |
YES | |||
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Stithians Parish Council (30) |
28 Sept 2010 |
11.3 Extensive details are given as to how CCTV must work but there is not one word of justification for these draconian measures in premises which are limited to use by adults(see next item 11.4 on ID checks). This is a serious omission. Measures are imposed with no rationale or justification. |
Condition is in place to assist with the protection of all who attend and work at such premises. |
None |
N/A |
YES | |||
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
11.3.4 Would suggest that ‘lighting in the foyer’ be replaced with lighting in any foyer area’ as a premises may have more than one and a ‘foyer’ is not confined to being the front entrance of a premises as the current text would imply. |
Agreed. |
Amendment as per suggestion. |
YES |
YES | |||
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
11.3.6 Would suggest a comma after the words ‘holder’ and ‘person’ to break up the sentence without losing any sense. |
Agreed. |
Amendment as per suggestion. |
YES |
YES | |||
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
2 under ‘Recording/image capture system’ As above
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Agreed. |
Amendment as per suggestion. |
YES |
YES | |||
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
13 as above |
Agreed. |
Amendment as per suggestion. |
YES |
YES | |||
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
15. As above. Also, would suggest that the telephone numbers are removed as this information could be made available on-line or as an appendix at the end of the document and would included numbers for all licensing authority/police offices. Would also suggest that the word ‘any’ replaces the word ‘such’ after ‘Details of’ and that the word ‘clearly’ is inserted before ‘recorded’ which would reduced the potential for illegibility (which could be crucial if proceedings were brought as a result of a breach of licence conditions).
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All agreed. |
Amendments as per suggestion. Further amendments made to policy new item 1.10 and new Appendix H. |
YES |
YES | |||
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Ms W – Bodmin (40) |
11 Oct 2010 |
The apparent need for CCTV operating is regrettable, illustrating as it does, breakdown in law and order generally. |
CCTV does not just relate to “law and order” but general protection and security. |
None |
N/A |
YES | |||
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Section 11.4 – ID Checks | |||||||||
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Mrs C – Truro (142) |
21 Oct 2010 |
Para 11.4. It is essential that the Licensing Department is satisfied with the standard of training given to the staff employed and that annual criminal record checks are carried out on an annual basis. |
Previous comments regarding CRB checks apply. |
None |
N/A |
YES | |||
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Truro City Council – (113) |
20 Oct 2010 |
Para. 11.4 (page 19) These seem relatively good. However, the Challenge 25 ID check policy mentioned in para. 11.4 and the SIA registered door supervisor provision in para 11.6 should be made compulsory requirements within the standard premises conditions. We would also suggest that, as well as having to have a “suitable number of trained staff” para.11.11 page 22, staff are also given annual criminal record checks as part of the licence renewal process, and that criminal record checks are made of all new employees. |
25 ID check included in standard conditions for Sex shops/Cinemas & Sexual Entertainment Venues at 15. In relation to making SIA door staff compulsory it would be unreasonable to impose such a condition on Sex shops/cinemas unless there were specific grounds that door staff should be employed at the premises. There should be no need for door staff at Mail-order premise as the public are not permitted access. In relation to Sexual Entertainment Venues if there is a Premises Licence granted under the Licensing Act 2003 (LA03) there may be a condition specifying door staff must be used, and it is a mandatory condition of LA03 licences that if door staff are used they must be SIA registered. Previous comments regarding CRB checks apply. |
None |
N/A |
YES | |||
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Section 11.5 – Protection of Children and Vulnerable persons from Harm | |||||||||
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Truro City Council – (113) |
20 Oct 2010 |
Given the evidence that exploitation, including trafficking, of young females can take place in lap-dancing lounges, and given the link between the sex industry and crime (see below) we are disappointed that the policy on protecting the vulnerable found in para. 11.5 is extremely under-developed. We suggest the policy be amended to emphasise the council's commitment to ensuring the women and and young people are not exploited by the management or patrons of sex establishments, and making sure that children are never allowed access to sex establishments, by rigorous policing of the age limits. |
This is only a definition of “harm” in relation to children and vulnerable persons, and not a policy statement. This definition has been included in Section 11 – “Definitions and document guidance” because the condition 33 of the Standard Conditions in relation to Sexual Entertainment Venues concerns the protection of this group. |
None |
N/A |
YES | |||
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Stithians Parish Council (30) |
28 Sept 2010 |
11.5 Protection of children, should this say, by not allowing them entry to these premises? |
It is a condition in all of the standard conditions that persons under the age of 18 are not permitted access to the premises. This is not permitted by law. |
None |
N/A |
YES | |||
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
11.5 Would suggest that no children should be admitted to the premises under any circumstances because of the primary purpose of the establishment and also particularly because of the presence of CCTV. This would also apply to children of staff, whether or not it is outside of normal operating hours. |
Conditions ensure that no persons under the age of 18 are admitted to the premises. This relates to staff, performers and customers. |
None |
N/A |
YES | |||
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Section 11.7 – Tacit Authorisation | |||||||||
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Stithians Parish Council (30) |
28 Sept 2010 |
Very good. Planning consent for massive development can pass on tacit approval but not application for a licence. Why such draconian measures if the council does not take any moral stance on these matters? |
The EU directive in relation to such matters stipulates that tacit authorisation will not apply to Sex Establishments |
None |
N/A |
YES | |||
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Section 11.8 – Significant Degree & Sex Articles | |||||||||
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Stithians Parish Council (30) |
28 Sept 2010 |
11.8 A significant degree. This is clearly dealt with giving clear guidelines as to how to reach a decision. Why are such guidelines missing in respect of the number of establishments in an area? It does not ,however, state when the result of these assessments will be considered as a significant degree. |
Initial Comment noted; rest of comments not applicable to section. |
None |
N/A |
YES | |||
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Stithians Parish Council (30) |
28 Sept 2010 |
(i)Comment above about Viagra. |
Not applicable – these premises would not sell such items in significant degree. |
None |
N/A |
YES | |||
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
11.8 (b)Would suggest this should read: ‘to any recording of vision and/or sound’ |
This wording is taken directly from Schedule 3 paragraph 4(b) of the Local Government (Miscellaneous Provisions) Act 1982 |
None |
N/A |
YES | |||
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
11.8 (5) ‘turnover’ of what? Staff?, Customers?, Profit? This needs to be clearer. |
This relates to monetary turnover, which is a term widely recognised by businesses. |
None |
N/A |
YES | |||
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Section 11.9 – Relevant Entertainment | ||||||
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Stithians Parish Council (30) |
28 Sept 2010 |
Presumably live entertainment before an audience. Not entertainment before a live audience? |
This wording is taken directly from Schedule 3 paragraph 12(1)(e) of the Local Government (Miscellaneous Provisions) Act 1982 |
None |
N/A |
YES |
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Section 11.11 – Suitable number of trained staff | ||||||
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Stithians Parish Council (30) |
28 Sept 2010 |
Safety of the performers, staff and audience – or is their safety unimportant? |
This item has already been amended. |
Amended as follows “and to ensure the safety of customers, performers and persons working in the premises.” |
YES |
YES |
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Stithians Parish Council (30) |
28 Sept 2010 |
Suitable and sufficient number. Who is to do the risk assessment? Who is to approve it? Should it be a condition of the licence that for a particular premises X number of staff shall be deployed? |
The applicant would carry out the assessment. The Police and the Licensing Authority would consider whether the number proposed is adequate. Conditions could be applied to individual Sex Establishment Licences if felt appropriate, but it would not be appropriate to include within the standard conditions. Premises that also have Premises Licence issued under the Licensing Act 2003 may already have specified numbers of such staff. |
None |
N/A |
YES |
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
11.11 First paragraph – insert ‘the’ before ‘conditions’ and ‘licence’ to make it read better. Also, would suggest ‘in particular’ with ‘particularly’ Second Paragraph – would suggest removing ‘carried out’ and inserting ‘all’ before ‘activities’. Also, putting ‘including accessibility to all areas’ in brackets () Would suggest putting ‘and’ before ‘number’ and closing sentence after ‘performers’. Suggest the ‘and’ after ‘performers’ then be changed to ‘This’ |
Not agreed. Agreed.
Agreed. |
None Amendment as suggested. Amendment as suggested. Amendment as suggested. |
N/A YES
YES |
YES | ||
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Ms W – Bodmin (40) |
11 Oct 2010 |
All staff should be subject to annual criminal record checks, as I believe is called for in the submission you will have received from Truro City Council. Investigation for criminal records is now prevalent everywhere. Efforts will be made, hopefully, to decrease this, as it hinders voluntary assistance, but certainly such control will need to be in place for all those working in the establishments you are obliged to deal with. |
Not agreed. This is not something the Authority can insist upon as those working in the premises are not in jobs that require CRB checks, i.e. working with closely and on a regular basis with children or vulnerable persons. |
None |
N/A |
YES | ||
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Section 11.12 – Form of Notice | ||||||||
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Stithians Parish Council (30) |
28 Sept 2010 |
Indecent Displays; The Council takes no moral stance and yet requires notices that the content may be indecent. Surely this contravenes the no moral stance provision? |
Indecent also means offensive or lewd therefore this is not a moral stance; it relates to the protection of children from harm. It should be noted that legislation requires that the premises display such a notice. |
None |
N/A |
YES | ||
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Stithians Parish Council (30) |
28 Sept 2010 |
(d) Shop? Previously it has been a premises. Consistency? |
This is taken directly from the legislation. However to make this clearer the initial paragraph has been reworded to advise that the legislation states and the extract has inverted commas added around it to show that it is a direct quote. |
Item 11.13 initial paragraph amended as follows: “The Council’s Standard Conditions require that a warning notice be displayed in accordance with the above legislation. The legislation states at 1(4)(e):” |
YES |
YES | ||
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Section 12 – Policy Details | ||||||||
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Stithians Parish Council (30) |
28 Sept 2010 |
The consultation process at page 23 states that ” The Provision of Services Regulations 2009 to ensure requirements are:
(ii) justified by an overriding reason relating to the public interest (iii) proportionate to that public interest objective (iv) clear and unambiguous
(vi) made public in advance, and
The content of this policy fails several of these tests as detailed in the table presented below. It could be argued that the users and proprietors and staff of these establishments are discriminated against through onerous requirements relating to CCTV, ID and records of their work. It is arguable that some of the provisions are disproportionate to the pubic interest particularly as Cornwall Council states that it takes no moral stance on these matters. |
Noted however not agreed. The comments relating to this within the table of comments submitted have been addressed in this document under the relevant sections. |
None. |
N/A |
YES | ||
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Stithians Parish Council (30) |
28 Sept 2010 |
12.1 b Some of the regulatory aspects proposed in this policy seem excessively onerous and not justified, for example the provisions relating to CCTV. |
Noted however not agreed. Comments raised in relation to CCTV have been addressed in this document under the relevant section. No additional examples have been provided here. |
None. |
N/A |
YES | ||
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Stithians Parish Council (30) |
28 Sept 2010 |
12.1.(c) I, ii,iii and iv,vi The provisions relating to CCTV and ID appears to discriminate unnecessarily (that it is not in the public interest) against the users and thereby the proprietors and staff of the regulated businesses. The proposed regulations do not seem, proportionate to the public interest, not clear and unambiguous (for instance regarding the number of establishments in an area)us. Some are not made pubic in advance, for instance the provision that any change of standards can apply retrospectively to already granted licences. |
Noted however not agreed. The measures mentioned are in the public interest and proportionate. Amendments have been made to the policy which has assisted in clarifying some points within the policy document. |
None. |
N/A |
YES | ||
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