Cornwall policy consultation database sex establishment policy – 28 July to 20 October 2010
Section 5 – Types of Sex Establishment
- Bu səhifədəki naviqasiya:
- Section 5.3 – Sex Shop
- Section 5.4 –Sex Cinema
- Section 5.5 –Sexual Entertainment Venue
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Stithians Parish Council (30) |
28 Sept 2010 |
Para 5.1 There may be three types of sex establishment being regulated but why are not brothels being regulated? That is where regulation is needed as much for the workers as the customers benefit. Why is that left out? |
This is a matter for Central Government. Brothels not part of the primary legislation; therefore the Licensing Authority has no jurisdiction to regulate. |
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Section 5.3 – Sex Shop |
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Stithians Parish Council (30) |
28 Sept 2010 |
(3) (a). On this definition, all pharmacies should also be classed as sex shops if they supply Viagara and similar products and condoms? If condoms are included then every toilet with a condom machine would be included. |
The consultee has missed the key phrase of “significant degree”. The type of premises referred to in this comment clearly would not sell the items stated to a “significant degree” in relation to the rest of the operation of the business. |
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Stithians Parish Council (30) |
28 Sept 2010 |
(4)(b)(ii) Does this thereby include publications put out by plumbers selling toilet fittings? |
Comment not understood. |
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Section 5.4 –Sex Cinema |
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Ms B – Newquay (24b) |
27 Sept 2010 |
I read the criteria for a sex establishment requiring a licence but I’m not sure what would exclude a sex establishment from running as a sex establishment without a licence. Sex establishment licensing (5). |
This is detailed in the policy at Section 5. In relation to Sex Shops the key phrasing is “Significant Degree “ and any premises wishing to operate as a Sex Shop without the benefit of a licence would have to prove that articles defined in that section are not sold/hired/ exchanged/ lent/ displayed or demonstrated to a “significant degree”. |
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Stithians Parish Council (30) |
28 Sept 2010 |
5 (1) Contains the statement;” but does not include a dwelling-house to which the public is not admitted.” Does the same not apply to sex shops then? If not why not? |
This comment is in relation to 5.4 (1). This is an extract from the legislation in relation to Sex Cinemas. |
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Section 5.5 –Sexual Entertainment Venue |
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Ms B – Newquay (65) |
16 Oct 2010 |
I do not understand the once a month allowance as outlined in 5.5 3(b), so I'm not sure how many other members of the public do either. The language is very legal, and not plain English at all. - Please can you explain this. |
This is an extract from the legislation in relation to Sexual Entertainment Venues – hence it’s legal language. Basically it means someone can hold this type of entertainment 11 times a year as long as the event lasts for no longer 24 hours and a month has passed between each event. |
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Stithians Parish Council (30) |
28 Sept 2010 |
Page 9 has a statement that items 4 to 12 are related to other matters and are therefore excluded. What other matters? How can we comment on a policy a big chunk of which is not revealed? |
This is an extract from the legislation in relation to Sexual Entertainment Venues. Sections 4-12 refer to the Secretary of State’s powers to make amendments to the legislation, which it is not felt necessary to include in relation to the definition of a Sexual Entertainment Venue. This legislation is for information only and not open for comment. |
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Stithians Parish Council (30) |
28 Sept 2010 |
2A(1) Surely this should read live entertainment before an audience. We can surely assume that most audiences are live and that if they were not they would be unlikely to pay for being entertained? |
This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment. |
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Stithians Parish Council (30) |
28 Sept 2010 |
2A(2) The definition here seems very broad. People get sexual stimulation from a wide variety of sources. Look at some of the court cases over the years. Was it a judge or Cabinet Minister who was stimulated by partial hanging and it went a bit far and he died? |
This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment. |
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Stithians Parish Council (30) |
28 Sept 2010 |
3B(1) This is quite a loophole. The premises licence business allows that each room in a premises is separate so if you had five rooms and did 11 shows a year in each that would be 55 shows a year and no worries about a licence? Perhaps the intention to regulate is not that strong? |
This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment. |
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Stithians Parish Council (30) |
28 Sept 2010 |
3C What is the relevant National Authority? Needs to be stated. |
This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment. However for information the relevant national authority is the Secretary of State.8484 |
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Stithians Parish Council (30) |
28 Sept 2010 |
4 to 12 What other matters? If this is a policy document on regulation of sex premises we must see the whole document. How can we come to an informed position without half the document? |
This is an extract from the legislation in relation to Sexual Entertainment Venues. Sections 4-12 refer to the Secretary of State’s powers to make amendments to the legislation, which it is not felt necessary to include in relation to the definition of a Sexual Entertainment Venue. This legislation is for information only and not open for comment. |
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Stithians Parish Council (30) |
28 Sept 2010 |
14. Why is nudity being regulated? Surely what is being regulated here is sexual entertainment? Not nudity? Nudity and sexual entertainment surely are not necessarily the same things? |
This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment. |
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Cornwall Feminist Network (103) |
10 Oct 2010 |
As you will be aware, this exemption means that establishments hosting lap dancing less than 12 times in a year do not require an SEV licence or even a temporary event notice. We are extremely concerned about this exemption because you will have no powers to prevent these performances from occurring or place any conditions or controls on them. Yet venues hosting lap dancing less than once a month are less likely to have facilities and procedures in place to protect the safety of performers – such as a separate changing room, CCTV and security. The safety of the performers is thus put at risk by this exemption. We therefore ask you to attempt to monitor performances that are staged under the frequency exemption and to convey your experiences of this back to the Government. This is crucial because the power to amend or repeal the frequency exemption was included in the Policing and Crime Act 2009 in recognition of the fact that the frequency exemption could prove problematic for local authorities. |
Noted. However this is an exemption to what the Licensing Authority is permitted to regulate and therefore we have no control, other than by other legislation and that is not a matter for this policy. |
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
3b(iii) Does the ‘month’ apply to 28 days (thereby 4 weeks) or a calendar month (thereby 28-31 days? |
One calendar month. The legislation would have to specifically define 28 days as the period, if it had intended it to be otherwise. |
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Local Safeguarding Children Board (109) |
20 Oct 2010 |
14 Would suggest this should read: “audience” includes an audience of one or more; |
This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment. |
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