Cornwall policy consultation database sex establishment policy – 28 July to 20 October 2010

Cornwall Feminist Network (103)	10 Oct 2010	Cornwall Feminist Network recommend that the policy requires members of licensing subcommittees who wish to sit in hearings of relevance to gender (i.e. SEVs; sex establishments and so on) to have completed up to date basic training in gender equality and equality legislation.  Cornwall Feminist Network also recommend that, in the absence of legal direction to the contrary, the Licensing Committee maintain a register of interested parties in reference to SEVs, sex establishments and so on, who will be informed by the Licensing Committee when applications are received of potential relevance for gender equality. This will ensure that the Council will be seen to fulfil its obligations to operate in a transparent and accountable manner. (This will not be an onerous obligation as relevant applications are estimated to be up to three or four a year, currently). While it is true that both men and women have been active in making representations about the negative impact on society of SEVs, it is also true that the majority of those who reflect and take action on the harm of SEVs are women. This could be because the lived experience of sexual objectification, sexual discrimination, sexual harassment and sexual violence in many women’s lives plays a part in the extent to which these issues are given serious consideration and weighed against other interests or values in the context of SEV licensing. Therefore we request and recommend that: The working party of officers and councillors is at least equally gender balanced The policy should make reference to good practice in SEV applications being heard by sub-committees that are at least equally gender balanced.  We would also like to point out the cross party support for tackling the growth of lap dancing clubs. Home Secretary, Theresa May at the Women’s Aid Conference 2010: “It is only when businesses appreciate their responsibility to end the sexualisation of women that some people will stop treating women like objects. And it’s only when our communities stand up and say violence against women is unacceptable – that attitudes will really begin to change”. The Conservative Violence Against Women and Girls Strategy for London (2010 – 2013): “The proliferation of lap dancing clubs and brothels may further legitimise violence against women and undermine efforts to prevent it... We will ensure that the safety issues presented by lap dancing clubs come under local authority and police scrutiny through JEM. The Mayor will work with local authorities to review the implementation of the new licensing regime under the Policing and Crime Act 2009 to ensure that London leads the way in regulating lap dancing clubs as sexual entertainment venues and giving local people the power to object to lap dancing clubs in their area. We will support boroughs in ensuring that the proliferation of lap dancing clubs is controlled. We will also champion any police operations that target lap dancing clubs to investigate any misconduct or criminal activity.” And the Leader of the opposition, Ed Miliband: “We need to think about how our culture treats women more generally. The vital work of organisations such as OBJECT has exposed the ease with which lap dancing clubs have sprung up. In government we took some steps to enforce stricter controls on these establishments, but we were too slow to recognise this problem and act on it. I have already pledged that I want local people to have more power to challenge the licences of these establishments.’ We attach a factsheet to support this submission and thank you for agreeing to adopt this new legislation which as the Government state will further empower local communities.	Noted. Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority. There is no working party. The Miscellaneous Licensing Committee does not currently hear applications by way of sub-committees. With regard to the constitution of the Miscellaneous Licensing Committee the council does not have a duty to ensure that it is balanced either by gender or politically. Other comments noted.	None		N/A		YES
Mr C – Falmouth (22)	16 Aug 2010	The draft policy does not seem to indicate clearly what the Council is proposing to permit or not permit – the policy seems to primarily deal with what needs to be included in an application, rather than how Cornwall proposes that the application be judged?	Section 9 of the policy details determination of applications, particularly factors which may or may not be taken into consideration. Section 11 provides information which will be taken into account regarding the characteristics of a locality.	None		N/A		YES
Ms H – University of Leeds (28)	30 Sept 2010	I write to you regarding the consultation currently being undertaken in Cornwall in relation to the adoption of the new legislation regarding Sex Establishment Licenses, brought in under the Policing and Crime Bill. Dr Teela Sanders and I have been working on a major ESRC funded research project regarding the regulation and working conditions in the lap dancing industry in the UK. It is the first of its kind in the UK. More information can be found here about the project: http://www.sociology.leeds.ac.uk/research/projects/regulatory-dance.php We are attaching a copy of the preliminary findings report which you may find useful in terms of policy-making with regards to the new licenses. Please feel free to pass this on to whomever you feel would find it relevant or useful. We will be releasing a full report on the findings early in the new year (January 2011). However, if you have any questions or queries regarding the findings in the meantime, please do not hesitate to contact us.	Noted. Document will be available for members consideration should they wish to view it.	None		N/A		YES
Community Safety Partnership (36)	08 Oct 2010	The main areas of concern, are: It is understood that sex establishments do not attract much crime at the premises. However, when the trail of evidence is followed, the mere existence of these establishments does support Domestic Abuse and Sexual Violence elsewhere. The Governments own strategy on violence against women and girls talks about lap dancing clubs and sex establishments supporting the sexualisation of young women, and that in turn is a contributory factor in Domestic Abuse and/or Sexual Violence -  and yet bizarrely it allows the continued existence of sex establishments! We recognise this conflict, and the comments on the attached consultation are designed to address this, in particular, that the young women who work at these premises should have the freedom and capacity to enter into a legal contract. The light touch enforcement is one for you to decide, however, one of our concerns is trafficking. We know that in some premises in the UK, young women are the victims of trafficking, and that the illegal charges for this trafficking are passed on to the young women, by being charged to perform by the operator who may be connected with the trafficking, the young women then uses the contact with clients to solicit prostitution to pay the charges. All obviously illegal, and not necessarily occurring in Cornwall, but we need to be aware of it, and built protection against this into our polices. Lastly, it is sometimes argued that the existence of lap dancing clubs etc. allow for an ‘outlet’ for some men, which prevents rape etc. Professions in the Domestic Abuse and Sexual Violence field however, take the opposite view. This being that sexual excitement is not always fulfilled at these establishments, but is taken away to behind closed doors where women become the hidden victims. There is a well documented correlation between sexual excitement and violence in some people. Cornwall had 7000 reported cases of Domestic Abuse last year, and each reported case has dozens of unreported cases behind it. And these are the people who have the courage to report it. Many do not. I know that Cornwall has very few of these premises, and we should not get the problem out of proportion, or necessarily link all domestic abuse with these establishments (there are many different factors involved)  but equally we should not under represent the hidden victims.	(1) Noted. (2) Noted. The Licensing Authority has no jurisdiction over who works in premises other than the legal requirement that persons in Sex Establishments are aged 18 years and over. The standard conditions in respect of Sexual Entertainment Venues prohibit interaction with clients. (3) Comments noted. However these comments should be referred to central Government as it has introduced the legislation to allow the regulation of such premises by local authorities. If there is an issue with particular premises then this should be referred to the Licensing Authority for appropriate enforcement action.	None		N/A		YES
Community Safety Partnership (36)	08 Oct 2010	New section (b) – The Council position on violence against women and girls (VAWG). The current Government and Council position on VAWG is under review, and new guidance may alter this policy.	Noted. Not relevant to this policy as governed by strict guidelines in relation to matters which may or may not be considered when determining Sex Establishment Applications.	None		N/A		YES
Section 1 – Introduction
Stithians Parish Council (30)	28 Sept 2010	Para 1.3. It is odd that these policies need unification. Surely if they all fall under the same statute they should operate within the boundaries of that statute?	Previous authorities had not adopted policies. Those that had some had set numerical limits, others had not. Some had adopted standard conditions some had not. As a single authority a single policy should operate.	None		N/A		YES
Stithians Parish Council (30)	28 Sept 2010	Para 1.4. Were such establishments previously not regulated then? If not, why has the Council taken the decision to regulate them now, especially as the document states that sex establishments are noted for not being sources of crime and disorder?	No – Sexual Entertainment Venues is a new class of Sex Establishment which has been created by the Policing and Crime Act 2009.	None		N/A		YES
Section 2 – Purpose and aim of the Policy
		No Comments submitted.
Section 3 – Scope
Mrs C – Truro (142)	21 Oct 2010	Para 3.3 I would ask that all applications for the three categories listed be forwarded to the relevant Parish/Town Council for consultation and that all the elected Cornwall Councillors representing the area that could be affected by an application, be sent details of not only the sex establishment licence application, but also application to waive or vary a licence before a decision is made. I would also like to see a more inclusive role for elected local member(s) in the closed session” committee discussions. I also expect that the members of the public who have given up their time to attend a hearing to be afforded an equal opportunity with the applicant which does not appear to be the case at the moment.	Noted. Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority. This is unconstitutional – only members elected to sit on the Miscellaneous Committee may determine Sex Establishment applications, therefore only members would take part in closed session as part of the decision making process. Case law & legislation restricts objectors addressing the Committee. However discretion has been built into the hearing procedure for such applications for the Chair to allow objectors to speak on relevant matters. The Committee and the applicant are not permitted to ask questions of the objectors. The Hearing Procedure is now contained within the policy as Appendix A.	None		N/A		YES
Truro City Council – (113)	20 Oct 2010	Para 3.3. We cannot see why special focus is placed on the human rights of applicants. The Council is, of course, bound by Human Rights Act in all its public functions but this hardly needs restating. Furthermore, of all those for whom the Council is responsible have human rights, not just sex establishment applicants. The case of Belfast City Council v. "Miss Behavin' Ltd (2007) UKHL 19 (para.13) specifically warns local authorities against citing human rights as a "formulaic incantation". Para.4.20 of "Sexual Entertainment Venues - Guidance for England and Wales which is Home Office Guidance makes clear the chances of breaching the human rights of a sex shop applicant are low. There is no human right to a sex shop licence (see para. 12 of the Belfast City Council case).	3.3 does not state that special focus is placed on the human rights of applicants. Human rights in relation to licence only apply once a licence has been granted, and then a licence holder does have a right to that licence.	None		N/A		YES
Stithians Parish Council (30)	28 Sept 2010	Para 3.3. Might not stigmatisation by requiring CCTV be contrary to the Human Rights Act?	No. This is for the protection of all – no breach of human rights, as premises must also comply with the legislation regarding CCTV which ensures that signs must be displayed so that people are aware that CCTV is in operation.	None		N/A		YES
Stithians Parish Council (30)	28 Sept 2010	Para 3.4. So they were previously unregulated. Did this give rise to any significant problems? If not, why is CC now wanting to spend time and money regulating something which previously worked without regulation?	There was no provision to regulate Sexual Entertainment Venues prior to the introduction of the Policing and Crime Act 2009; therefore the Council had no jurisdiction to regulate such premises. Central Government prescribes matter which must or may be regulated. This authority has extended its original powers of regulation to include this class of premises. Clearly it would be remiss in it’s duties to allow the licensable activities of such premises to go unregulated.	None		N/A		YES
Truro City Council – (113)	20 Oct 2010	Para 3.4 states that the Council "must" have regard to the Home Office Guidance. This is incorrect as a matter of law. Para. 1.5 of the Home Office Guidance itself says "local authorities are encouraged to have regard to the guidance when exercising their functions (although there is no statutory requirement to do so)"	No indication that this is a statutory requirement.	None		N/A		YES
Stithians Parish Council (30)	28 Sept 2010	The notion that the density of numbers of sex establishments is a potential ground for rejecting an application surely runs contrary to the rules for other licensing arrangements which specifically forbid this approach? The same item refers to CCTV and sex establishments. This surely has the danger of stigmatising the establishments and the people who patronise them, almost implying that such people are prone to criminal activity?	Noted. Not relevant to this policy as governed by strict guidelines in relation to matters which may or may not be considered when determining Sex Establishment Applications. Other licensing legislation is not a matter for consideration when determining Sex Establishment Licence applications. CCTV is not only used with regard to criminal activity, but for general safeguarding purposes.	None		N/A		YES
Community Safety Partnership (36)	08 Oct 2010	Para 3.4 . In making its judgement regarding acceptable locations for sex establishments, the Council has taken due regard of the developing Council policy on violence against women and girls (VAWG). This in turn is informed by the Government commissioned review on the sexualisation of young people (Feb 2010). The above is to be superseded by the new Governments document ‘prevent violence against women’.	Unable to comment. Not a matter for this committee or this policy.	None		N/A		YES
Section 4 – Policy and Procedures Statement
Stithians Parish Council (30)	28 Sept 2010	Para 4.2 Presumably it is not obligatory for CC to adopt this bit of legislation? It could have left well alone?	Yes.	None		N/A		YES
Community Safety Partnership (36)	08 Oct 2010	Para 4.2 Should start at ‘We recognise….	Noted. Not agreed.	None		N/A		YES
Community Safety Partnership (36)	08 Oct 2010	Para 4.3. New section: ‘The Council does not take a moral stance when examining each application.’	Not agreed. The policy is intended to set out clear and concise guidance, procedure and principals for the benefit of the Licensing Authority, the community, applicants and other relevant organisations. Therefore the policy contains no moral stance.	None		N/A		YES