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

Section 6 – Waivers
Mrs C – Truro (142)	21 Oct 2010	Para 6. Waivers to any licences should be consulted upon both at Parish level and with the local Cornwall Council elected members.	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.	None		N/A	YES
Ms R – Newquay (65)	16 Oct 2010	I support the no waiver policy as outlined in 6.2 and think it is really good.	Noted.	None		N/A	YES
Stithians Parish Council (30)	28 Sept 2010	6.2 Surely the mechanism to cover the temporary transfer of a business would be the temporary transfer of the relevant licence?	Transfer of licence only relates to transferring an existing licence from one named person (i.e. the licence holder) to another and not in relation to the temporary relocation of a business.	None		N/A	YES
Miss P – Bodmin (122)	08 Oct 2010	Para 6.3. Clarification: Does this mean that premises offering “relevant entertainment on an infrequent basis…” will have to hold a licence surely they would?	Yes they would require a licence which authorises the performance of dance, but this is under the Licensing Act 2003 which relates to the licensing of alcohol, late night refreshment and regulated entertainment.	None		N/A	YES
Cornwall Councillor - Looe & St Martins Ward (25)	28 Sept 2010	Para 6.1 to 6.3. No waivers should be permitted, would lead to establishments being set up in unsuitable premises and locations.	Every case would be judged on its own merits. The policy states that generally waivers would not be permitted. To exclude the ability to apply for a waiver under exceptional circumstances could affect an existing licence holder’s human rights, hence individual consideration.	None		N/A	YES
Truro City Council – (113)	20 Oct 2010	Para 6 - No waivers should be granted without consultation with the Parish Council and elected Cornwall Councillor(s).	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.	None		N/A	YES
Local Safeguarding Children Board (109)	20 Oct 2010	6.3 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.	None		N/A	YES
Section 7 – Application Process
Mrs C – Truro (142)	21 Oct 2010	Para 7. All sex establishment licensing applications should be forwarded to the relevant Parish Council for consultation together with any waiver or variation to the licence.	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.	None		N/A	YES
Truro City Council – (113)	20 Oct 2010	Para 7 - We would ask that, without exception all sex establishment licensing applications relating to premises within Truro be forwarded to Truro City Council for consultation and consideration which would include applications to waive the requirement for a sex establishment licence and variations to the licence. Given that the time-limit for lodging objections is relatively short, the policy should stipulate that applications will be forwarded within two working days of receipt by Cornwall Council.	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.	None		N/A	YES
Stithians Parish Council (30)	28 Sept 2010	7.1 Applicants have to copy their applications to the Police. Why are Parish Councils not obligatory consultees as well? They should be. We have fought this over the premises licensing for years!	This is prescribed by the primary legislation and is a matter for central government.	None		N/A	YES
Stithians Parish Council (30)	28 Sept 2010	7.2 Applicants must state their age. Are there max and min ages? If so please specify. Otherwise the age is irrelevant and should not be required information. To require it could lead to allegations of discrimination on age.	No maximum age. Minimum age requirement is 18 years old.	None		N/A	YES
Stithians Parish Council (30)	28 Sept 2010	7.5 What does no meeting of customers mean? They have to be behind curtains?	Noted.	This is now Section 7.6 of the policy and has been amended to read: “no meeting customers outside of the licensed premises for any purpose”		Yes	YES
Mrs C – Truro (142)	21 Oct 2010	Para 7.5 It is essential that applicants submit a copy of their “House Rules” and that frequent unannounced inspections take place during the year. I would, therefore, hope that this paragraph be re-written.	Noted. It is a requirement that House Rules are submitted with the application. Not agreed.	None		N/A	YES
Truro City Council – (113)	20 Oct 2010	Para 7.5 - We welcome para. 7.5 “Applicants for Sexual Entertainment Venues must also submit a copy of their “House Rules” but without enforcement it is unlikely to happen. We further believe it is impossible for the Council to know whether these rules are being followed unless it maintains a regime of frequent, unannounced inspections. Given the publicity about the coercion of female dancers and the illegal activities that can apparently take place in such venues enforcement is clearly very important if the council is to fulfil its obligations, including its safeguarding issues (cf para. 11.5 on "Protection of Children and Vulnerable Persons from Harm") We feel therefore that Para. l6.3 should therefore be amended to make clear that unannounced inspections and "secret shopper "inspections will take place at least three times a year in all Sexual Entertainment Venues. We would ask that 7.6 be strengthened to read “The Licensing Service WILL... visit the locality of the premises.	Premises will be subject to standard enforcement inspections which are carried out on a risk rated basis. The frequency of any inspections will vary from premises to premises depending on the individual risk rating and therefore a minimum limit will not be applied. Undercover enforcement would require to be intelligence based, i.e. that breaches are suspected, and are subject to specific regulation. 7.6 – not agreed. Such visits are dependent on officers’ level of knowledge of individual localities. Such visits may therefore not be required.	None		N/A	YES
Stithians Parish Council (30)	28 Sept 2010	7.6 You need to specify what characteristics of the locality means. From the document so far one of the criteria might be how many other similar establishments there are? The document subsequently alludes to schools, nursing homes and other establishments but gives no comment on how the presence of these will be related to a decision on a licence for a sex establishment.	Sections 9.3 and 11 provide this information.	None		N/A	YES
Mrs C – Truro (142)	21 Oct 2010	Para 7.7. It needs to be clarified that the “local” people must refer to the area in which the establishment applying to open and not “local” to the applicant.	No reference to people in section 7.7. Legislation prescribes that the applicant must publish an advertisement in a local newspaper circulated in the Authority’s area within 7 days of submitting their application for a Sex Establishment Licence.	None		N/A	YES
Truro City Council – (113)	20 Oct 2010	Para 7.7 page 11 – It is not clear if the local newspaper “local” to the applicant or “local” to the location? Para. 3.13 of the Home Office publication "Sexual Entertainment Venues - Guidance for England and Wales" (the Home Office guidance") makes clear that it is "a local newspaper that is circulated in the local authority area." This should be stated in para. 7.7	Noted. Legislation prescribes that the applicant must publish an advertisement in a local newspaper circulated in the Authority’s area within 7 days of submitting their application for a Sex Establishment Licence. Section will be amended to provide clarification.	Section 7.7 of the consultation policy amended to read “Applicants (other than applicants for variation of licence) must also give public notice of the application by publishing an advertisement in a local newspaper which circulates in the area of the Licensing Authority to which the application has been submitted.” Note this item is now 7.8 of the current version.		YES	YES
No details provided (133)	19 Oct 2010	Para 7.7. The Licensing Authority should stipulate that notice of application be published in well read local newspapers – suggesting both the West Briton, the Truro edition of the Packet, and the size and prominence to be stipulated by the authority to ensure that adequate attention is drawn to the public.	Legislation prescribes that the applicant must publish an advertisement in a local newspaper circulated in the Authority’s area within 7 days of submitting their application for a Sex Establishment Licence. The Authority is not able to stipulate which newspaper should be used. The term “local” however does prohibit advertisement in a national newspaper.	None		N/A	YES
Local Safeguarding Children Board (109)	20 Oct 2010	7.9 Would suggest this should read: ‘for the renewal of a sex establishment licence’ Also, should there be a time limit as to how long past the expiry date the premises can still operate. For example, if the renewal application is not submitted until two days from expiry of the previous licence, or is not granted and is subject to appeal, the premises could still be operating 2-3 months or later. Surely this should be discouraged.	Noted and agreed. The Authority has a target determination time of 12 weeks from the date of submission of the application.	“of” inserted as per suggestion. This is item 7.10 due to other amendments to the policy.		Yes	YES
Mrs C – Truro (142)	21 Oct 2010	Para 7.9. Renewal notices should be notified to the Town/Parish Council as soon as is practicable.	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.	None		N/A	YES
Truro City Council – (113)	20 Oct 2010	Renewal notices referred to in 7.9 should be notified to the local Parish or Town Council within two working days.	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.	None		N/A	YES
Stithians Parish Council (30)	28 Sept 2010	7.9 So if the licensing authority are not too swift this might carry on for a good while? Surely a time limit should be set here? That might concentrate the minds of the Licensing Authority a bit as well?	The Authority has a target determination time of 12 weeks from the date of submission of the application.	None		N/A	YES
Stithians Parish Council (30)	28 Sept 2010	There is a requirement that establishments provide House Rules but no guidance as to what these should address. There is a bizarre provision that any change to the conditions or standards made in the policy will automatically apply to all licences already issued. This surely contravenes the undertaking that every case is judged on its merits? It also fails on the basis that requirements are made public in advance, never mind that about being transparent and accessible.	Section 7.5 of the policy DOES provide guidance as to the matters that should be addressed in the House Rules. Standard conditions would apply to all; unless an applicant is able to give extenuating reasons why certain conditions should mot apply to them. If the committee decide to detract from the standard conditions then reasons will be given for this.	None		N/A	YES
Section 8 – Commenting on Licence Applications
Mrs C – Truro (142)	21 Oct 2010	I would thank you for making a copy of the above document available to me and also organising the consultation day at County Hall. I have spoken to many people about the consultation and nobody has heard anything about it and neither did they know about the day at County Hall. I think it must be remembered that there are a considerable number of people who do nor own a computer, many who find it difficult to fine “their way around” the Cornwall Council web site and many older people who cannot afford to buy the weekly local paper. These people are becoming increasingly isolated. Furthermore there are those who wish to respond but who find it difficult to understand why they cannot object on moral grounds to applications of this kind and are restricted to what they consider to be complicated clauses of the Act. I have a considerable amount of sympathy for this point of view especially under the heading Consultation with Local People Clause 2.18 (page 11) I do, therefore, feel I have to question as to whether the Council can consider to have been “fair and meaningful” in its consultation. When the result of the recent Sex Shop application hearing became known there was just a feeling of total disbelief and that the elected Councillors on the Miscellaneous Licensing Committee had completely ignored the strength of feeling of “local people” especially when the Mayor of Truro had spoken on behalf of the Council and three of the elected members on Cornwall Council elected by the people of Truro stated their objections. Most people now feel that they are just wasting their time and that those consultations are nothing more than an exercise in “ticking” the box. It is therefore essential that the matter of “consultation” is revisited and that when responses are received they are actually taken seriously. Most people find responding to complex documents very onerous and difficult especially when they are aware that their response is to be published for all the world to read. Many of the aspects of the 2003 Act were a disaster for local communities and that became evident from the informed responses made by local people from Newquay. In my opinion, many of the problems would not have arisen if the Parish/Town Councils had continued to be consulted and that provision was still available for objections at the Magistrates Court. Even worse is the matter that neither the Parish Council nor the community can object to a rowdy late night establishment as the “objectors” have to live in the “vicinity” – like the house next door!	With regard to consultation, this has been carried out as widely as possible; press releases were issued which were taken up by local media, in addition to the information on the Council’s website. Numerous bodies, including Town, Parish & City Councils were contacted directly. A full list of consultees is contained within the report to the Committee and available on the council’s website or will be available upon request to the Licensing Service. Unable to locate “clause 2.18 on page 11”. With regard to moral grounds this is covered by the legislation regarding matters that may and may not be considered when determining applications for Sex Establishments. The identities of those who have submitted consultation responses have been removed. Other comments relate to individual applications or other legislation and are not in relation to this policy.	None		N/A	YES
Mrs C – Truro (142)	21 Oct 2010	Para 8.1. It is essential that Parish/Town Councils should be consulted on all Licences whether it be alcohol, gambling or entertainment.	Noted. Comment partially not in relation to this policy. 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.	None		N/A	YES