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


Section 11 – Definitions & Guidance Documentation



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Section 11 – Definitions & Guidance Documentation




Section 11.1 – Relevant Localities




No details provided (133)

19 Oct 2010

Para 11.1 Any such establishment should be located where only non-casual customers would use it and normal daytime opening hours should be enforced by the licence. The establishment should not be open when young people from teenage upwards arrive in Truro for a night out.

Comment not relevant to section of policy.

None

N/A

YES




Mr B – St Austell (125)

12 Oct 2010

Para 11.1. That family shopping areas frequented by children and adjacent or nearby shops frequented by children such as newsagents and sweet shops be added to the list of ‘Relevant Localities’ when considering a licence.

That the distance from such areas be stipulated say, 250 metres.



The policy says that it shall particularly take account of the types of facilities listed. The example given is too broad to include in the policy. However, this would not prohibit an objector raising such issues and providing such detail.
Relevant localities with regard to characteristics should be considered in relation to each individual application and therefore it is difficult to specify certain “ranges” as there may be no relevant types of facilities in a 250m range of a premises subject to application, however there could be numerous relevant types of facilities 300m away. Would this mean they should not be considered – clearly not. Furthermore a relevant type of premises may not be within close proximity to a premises which is the subject of an application, however the street on which that premises is located may be the only access route to a relevant type of facility, and therefore the main thoroughfare, and this is a matter that can also be taken into consideration.

None

N/A

YES




Miss P – Bodmin (122)

08 Oct 2010

Para 11.1. “Density and proximity” too vague. Suggest : “The premises address must be within (?) 200 metres of (1), (2), (3), (4) or (possibly a new category) a shop or shops frequented by children”.

Relevant localities with regard to characteristics should be considered in relation to each individual application and therefore it is difficult to specify certain “ranges” as there may be no relevant types of facilities in a 250m range of a premises subject to application, however there could be numerous relevant types of facilities 300m away. Would this mean they should not be considered – clearly not. Furthermore a relevant type of premises may not be within close proximity to a premises which is the subject of an application, however the street on which that premises is located may be the only access route to a relevant type of facility, and therefore the main thoroughfare, and this is a matter that can also be taken into consideration.

None

N/A

YES




Cornwall Councillor - Looe & St Martins Ward (25)


28 Sept 2010

Para 11.1. The Committee should also take account the main pedestrian routes to and from areas to those listed 1 – 6. All towns used as family holiday resorts.

As detailed above this would also be taken into consideration if evidence is available to this effect.

None

N/A

YES




Mrs S – Gorran Haven (138)

20 Oct 2010

Para 11.1. I consider any locality in a town is unsuitable as young people wander through all the streets. Any sex shop should only be allowed hidden – well out in the country where a special unit is necessary. Also – In these days of internet sex shops in towns are totally unnecessary – people can shop privately ‘on-line’.

Noted.

None

N/A

YES




Youth HA (1)

20 Aug 2010

11.1 States:- Relevant Localities

 

In considering the characteristics of a locality the Licensing Authority shall particularly take account of the density and proximity of:

 

(1) schools, nurseries, crèches and other similar educational or recreational facilities attended by children,



(2) parks and children’s play areas,

 

(3) residential and sheltered accommodation,

 

(4) religious and community buildings,

 

(5) alcohol or entertainment licensed premises,

 

(6) other retail units (and their uses).

YHA has 11 hostels in Cornwall


YHA objectives are:-
“To help all, especially young people of limited means, to a greater knowledge, love and care of the countryside, and appreciation of the cultural values of towns and cities, particularly by providing youth hostels or other accommodation for them in their travels, and thus to promote their health recreation and education.”

In these circumstances we are anxious to ensure that the proximity of any establishment is not close to any Youth Hostel in the interests of the safety and well being of young people staying at our hostels


We therefore ask that ‘Youth Hostels’ are added to the list of establishments specifically mentioned in Clause 11.1 of the policy rather than having to rely on the generality of clause 11.1 (1).

(1) Youth hostels would also be included by definition of being “other similar educational or recreational facilities attended by children. In terms of this legislation a child is any person who is under the age of 18.
However it is agreed that such an amendment could be made.

Policy amended to read

“(1) schools, nurseries, crèches, youth hostels and other similar educational or recreational facilities attended by children,”





YES

YES




Ms B (115)

20 Oct 2010

Item 11.1 on the preamble dealing with the character of the relevant locality states that:
In considering the characteristics of a locality the Licensing Authority shall particularly take account of the density and proximity of:
The words “density and proximity” in the above quote from item 11.1 unnecessarily fetter the Council’s discretion in making decisions based on the character of the relevant locality.
For example, Oxford City Council state as follows:

Applications made for a Sexual Entertainment Venue Licence will not generally be deemed to be appropriate if the premises is near or in locations or areas containing any of the following:


The Cornwall policy could start with a similar preamble here which would allow the Council more decision making discretion on inappropriate localities.4

Comment noted, amendment not agreed,

None

N/A

YES




Local Safeguarding Children Board (109)

20 Oct 2010

11.1 (1) Does this also apply to people who run childminding business from their home addresses? It is not made clear here.

The licensing service has no way of knowing what businesses operate from individual’s home addresses unless they submit representations in relation to applications. Such premises are of a kind that would be taken into account.

None

N/A

YES




Saltash Town Council (4)

15 Sept 2010

Amend to read:

In considering the characteristics of a locality the Licensing Authority will not grant permission to establishments within 100m of any:


(1) schools, nurseries, crèches and other similar educational or recreational facilities attended by children,

(2) parks and children’s play areas,


(3) residential and sheltered accommodation,
(4) religious and community buildings.
In considering the characteristics of a locality the Licensing Authority shall also particularly take account of the density and proximity of:

(5) alcohol or entertainment licensed premises,


(6) other retail units (and their uses).

Reason: We feel that ‘account of the density and proximity of’ these buildings is insufficiently clear and rigorous, particularly for areas relating to unaccompanied children.




Not agreed.
Relevant localities with regard to characteristics should be considered in relation to each individual application and therefore it is difficult to specify certain “ranges” as there may be no relevant types of facilities in a 250m range of a premises subject to application, however there could be numerous relevant types of facilities 300m away. Would this mean they should not be considered – clearly not. Furthermore a relevant type of premises may not be within close proximity to a premises which is the subject of an application, however the street on which that premises is located may be the only access route to a relevant type of facility, and therefore the main thoroughfare, and this is a matter that can also be taken into consideration.

None

N/A

YES




Community Safety Partnership (36)

08 Oct 2010

Replace opening para with:

The council has determined that a sex establishment should not be located near to any of the following premises:


add ‘colleges’

add ‘or any other area predominantly used by children

Youth offending establishments, Criminal Courts and Justice establishments

Sexual Abuse Referral Centre (SARC) Rape Crisis Centre or any Domestic or sexual violence service premises.


Any access route to and from the above premises.
Add new sub sections:

Historic Buildings or Tourist Attractions.


Any premises similar to the above (at the end of subsections).

It is not considered appropriate to define a distance to the above premises. Each application will be considered in the light of the surrounding area and consultation undertaken.




Not agreed.
Relevant localities with regard to characteristics should be considered in relation to each individual application.
We have included Youth hostels due to previous comment; however colleges are not always used only by children. Colleges would already be included by definition of being “other similar educational or recreational facilities attended by children.
The other types of premises listed are too specific to be included, particularly those which cannot be readily justified.
However objectors may wish to include such types of buildings in their objection and these would be given appropriate consideration by the Miscellaneous Licensing committee.

None

N/A

YES










Section 11.2 – Numerical Limits




Mr B – St Austell (125)

12 Oct 2010

Para 11.1. That a rigorous policy of nil apply to such areas.

That the authority would consider that ‘nil’ may often indeed be the numerical restriction in many inner city/town areas for all forms of ‘sex establishment’ especially given the criteria of 15. (11.1) above.



All submissions in respect of Numerical Limits were considered by the Miscellaneous Licensing Committee on 10 November 2010.
The Committee resolved not to set any numerical limits for any area of Cornwall in respect of any type of Sex Establishment Licence.
Please refer to the minutes of the meeting which will be available on the Council’s website.





Local Safeguarding Children Board (109)

20 Oct 2010

11.2 First paragraph – Very long sentence which could probably benefit from a comma after the words ‘locality’ and ‘made’ to facilitate easier reading without losing the sense of the sentence. Also, ‘the number’ is written twice, one after the other.




Miss P – Bodmin (122)

08 Oct 2010

Para 11.2. The main shopping centres of all our towns & our one city should have a nil limit. Specific streets? Carefully drawn up ,aps. All areas outside towns should also have a nil limit – rural nature of these areas (another ‘characteristic’) and difficulty policing such; close communities with families in our villages; inappropriate.




Mrs S – Newquay (141)

21 Oct 2010

Lap Dancing Consultation – I am writing to put my views forward on the above consultation with regard to Newquay. I would like to suggest that the number of licences allowed for this adult entertainment should be zero for the centre of Newquay. I would see this area as covering Fore Street to Henver Road and including all streets leading from those roads. The clubs are completely unsuitable in this little town and create an unsafe feeling for women here as well as for families who are both visiting and living locally. I am particularly concerned that children have to pass these premises on their own way to school, church, the beaches and the play areas as well as children’s clubs. Establishments currently holding licences are in close proximity to several churches, schools and meeting places for children’s activities. It is far from ideal to have impressionable children growing up with the notion that these clubs are a normal part of life.

Visitors and local people alike often feel threatened by the presence of the clubs. I believe that Cornwall Council has a duty of care towards our young people and I believe that the only real option is to set a zero cap for such licences in central Newquay please.






Mrs E – Newquay (132)

24 Sept 2010 & 19 Oct 2010

Mrs E gave a verbal presentation at the forum held on 24 September 2010 and on 19 October 2010 submitted evidence and reports supporting the request for a zero cap of lap dancing licences in Newquay Central Ward.

The following documents, which will be available for the Committee to view, are as follows:-



  1. Copy of verbal presentation made to at the Forum on 24 September 2010.

  2. Map showing halls, churches, schools, nurseries, sheltered accommodation and parks and their proximity to lap dancing clubs in the central ward.

  3. Photographic and statistical evidence.

  4. Personal testimonies and DVD.

  5. Petition “say no to lap dancing in Newquay”

  6. On-line petition “say no to lap dancing in Newquay” including comments made on-line.

  7. Minutes of the meeting of Newquay Town Council Planning Committee Meeting held on 21 June 2010.

  8. Documents from Women’s Support Project, Amnesty International and Object.

  9. Strip Club Testimony by Kelly Holsopple.

  10. Object – The Truth anout Lap Dancing.

  11. London Metropolitan University – Profitable Exploits : Lap Dancing in the UK.

  12. Sexualisation of Young People by Dr Linda Papadopoulos.

  13. HM Government – Together we can end violence against women and girls; a strategy.

  14. HM Government – Together we can end violence against women and girls; a consultation paper.

  15. Inappropriate Behaviour : Adult venues and licensing in London. Isabel Eden, The Lilith Project 2007.

  16. Home Office – Alcohol and sexual violence: key findings from the research.

  17. Gender and Spatial Planning.

  18. Equality and Diversity – information and correspondence.

  19. The Queen on the application of VIMAC LEISURE LIMITED v THE NORTH DURHAM MAGISTRATES’ COURT.










The Headland Hotel – Newquay (126)

14 Oct 2010

I am writing to request that the Miscellaneous Licensing Board sets a zero cap for the number of licences issued for lap dancing clubs in central Newquay.
I feel that these establishments give the town a very poor image and deter the type of visitor that most businesses in Newquay are trying to attract.

Quite apart from this, I do not think such clubs are appropriate in a small town, where visiting and local families with children have to pass them on a regular basis on the way to school, children’s clubs or the beaches and parks.


I suggest that the area should extend from Headland Hotel to the town centre covering Fore Street, Beach Road, Gover Lane, Bank Street, East Street and all roads between these and Mountwise, Tolcarne Road, Holywell Road and all roads between and including Edgecumbe Avenue and Henver Road.




Mrs P – Lanivet (130)

16 Oct 2010

Could we please not have any sex establishments in the family shopping areas of our towns in order to keep the overall character of the areas as they are. I really do feel the sex shop in Little Castle Street, Truro, is out of place and councillors were misguided to allow it. I hope the licence will be revoked when it comes up for review..







Mrs C – Newquay

(131)


18 Oct 2010

I am writing to put forward my views for the lap dancing consultation with regard to Newquay. I believe that the number of licences allowed for lap dancing in central Newquay should be zero.

Lap dancing clubs are completely unsuitable here and make women feel unsafe in the town especially in the evenings and at night. They also discourage families from visiting Newquay, due to the nuisance value from the type of customer the clubs attract when they remain in the town next day and the fear of being harassed by them at night.

There are many children living in the central areas of Newquay. They pass these places daily as they are very near schools and children’s clubs. They should not be growing up thinking lap dancing is a normal part of life and nor should they be exposed to the kind of language and behaviour of the clubs’ customers and promotion girls in the streets. The ratio of licences currently held to the number of children living here is startling. It is several times higher than in a much larger town or city.

I ask Cornwall Council to exercise its duty of care towards our children by setting a zero cap for these licences in the centre of Newquay.






Parish of the Most Holy Trinity – Newquay (136)

20 Oct 2010

I should like to express my views on the above consultation in regards to the town of Newquay. In y opinion the number of licences should be zero for the centre of Newquay. By this I mean the area covering Fore Street to Henver Road and all streets from these roads.

It is my understanding that establishments currently holding licences are in close proximity to several churches, schools and meeting places for children’s activities. I do not want to encourage the young people of our town to think that it is morally acceptable that a part of the “sex industry” should be seen as common place or acceptable in our society.

We are advocating a responsible and moral approach to relationships and a respect and dignity for the human person and therefore such places of “adult entertainment” should not be allowed near to children and families trying to raise their children in such a small and popular place as Newquay.


Mrs E – Newquay (135)

19 Oct 2010

I am writing to back the campaigners – against lap dancing clubs in Newquay. A “zero cap” is what I would very much like to happen for the town.

Mrs G – Newquay (137)

20 Oct 2010

I am writing to express my views on the current lap dancing consultation. I believe this is a question of how many licences should be allowed. In my view we do not need ANY! We do not need lap dancing premises to exist in Newquay. So therefore the number of licences granted should be NONE.

I was born here, brought up here, and am very fond of Newquay. When I was growing up Newquay was such a good class, even high class, resort. Decent people with their families came here for a lovely family holiday, beaches, cafes and walks and evening entertainment at two live shows, (Cosy Nook being one) and three cinemas. We have the best beaches in Europe and it was exceptionally safe and beautiful place to holiday in. Dancing was in the form of ballroom and later disco at the Blue Lagoon and Tall trees. Every good hotel had ballrooms as well as evening dances and tea dances.

The idea of lap dancing is so demoralising and degrading to women. I think it brings about bad behaviour and disgusting language used on our streets. I am very disappointed and upset to think Newquay has fallen so low to have these establishments.

Newquay has experienced a lot of change over the years and sadly, not for the best. We have experienced bad publicity in National Newspapers over alcohol abuse, widespread parties, underage drinking and sadly deaths from teenagers not being aware of their circumstances and surroundings because of the influence of alcohol. We do not need lap dancing added to this mix. We need to drastically improve Newquay’s publicity. So I ask Cornwall Council to feel some real care and responsibility towards families and children and young people of Newquay amd put a zero cap on licences of lap dancing clubs in central Newquay.





Ms S – St Newlyn East (140)

21 Oct 2010

Although we now live in Newlyn East, we lived in Newquay for 12 years, raised our family there, my husband continued to work there until retirement, and we have been and still are, involved in many things in Newquay. So it has been very sad to see this lovely town deteriorate so much over the years.

More recently I have been following with great interest, (via the local newspapers) the resident efforts to “recapture their town” and in particular the campaign against lap-dancing establishments, and now feel that I want to add my weight to their efforts.

So, I would urge the Licensing Team, when they meet to discuss the granting of the licence to this type of club, to very seriously consider where in the town these operate and not to grant this particular licence to any club that operates in the centre of town.

This is where families on holiday want to wander, where local children on their way to and fro from school linger to buy sweets or whatever, and I really hate to think that they are exposed to the seeing the behaviour and awful language of the club’s customers, and what is worse, the promotion of girls outside.

Whilst the very younger children might not understand, their parents certainly will and that will put them off coming again, but it is very vulnerable teenage girls that I worry about. Whilst you cannot shield them from the seedy side of life, I hate to feel that they would think that it is something they would want to do, and that it is perfectly normal behaviour, especially now that I have found out that “The Girls” have to pay, pay mind you, for the “privilege” of dancing there, so one can’t even excuse it by saying “at least it’s a job!

So please Cornwall Council consider very carefully the wider implications when you discuss these particular licences and set a zero cap for the centre of Newquay.






Cornwall Councillor – Moresk Ward, Truro (118)

19 Oct 2010

In the recent case in Truro much was made of zoning, and it was advised that the Carrick DC policy, which was long-standing but no more or less relevant than when it was first made because nothing material had changed in the town to render it obsolete, sought to impose a NIL policy for the ‘whole town’.

I consider that this was a misrepresentation of intent and, had I had the right to examine witnesses, I would have called you, as the former Licensing Officer of Carrick DC, to ask your view about the former Council’s intent. I think that you would have replied to my question that the intent was that it should apply to the commercial area known as the ‘town centre’, rather than to the whole town – which extends over a much wider area. There are many parts of any town which are commercially unviable, and it seems to me that it would be pragmatic to leave them out of any zoning policy, if such an approach is deemed desirable. If we wish to impose a NIL policy, which is within our power, then that should apply to the commercially viable zone of the town. I consider that the Licensing Department should undertake a zoning exercise in each Cornish town, partly to identify from residents and business if sex establishments are acceptable. If so, how many, and where! An active zoning exercise, based upon the principle of containment should then be undertaken and consulted upon so that there is, as far as possible, a consensus of consent, and effective spatial regulation.

Any such zoning exercise should look at Cornwall as a whole and consider where, if a NIL policy (or, indeed, any limitation) is to be adopted, it may be viable in non-urban settings, to establish viable premises. I am conscious that many entertainment venues have shown that it is not necessary for them to be situated in towns if there is connectivity, marketing and an audience willing to travel. For instance, I recently attended a very crowded private view of an art exhibition at a place between Manaccan and Helford, on the Lizard. When younger, I used to attend the Folk Cottage, outside Mitchell, some 11 miles from Truro, down a very narrow track. The committee should not discount such possibilities in its deliberations.


Ms B – (115)

20 Oct 2010

Please refer to comments in this section included with 9.3 and 9.4 above.


Ms R – Newquay (65)

16 Oct 2010

I think it's a sensible idea to set the cap at Zero for Newquay. In the past Newquay has been known as a surfing mecca, and a family holiday location. Both of which currently appeal to the greatest number of residents. With the introduction of the strip bars, and the increase in clubs and bars, the town has changed into a binge drinking, stag/hen do location. This only appeals to bar owners and non-residents. This is not how a policy for local needs should running. Newquay is  not family friendly any more, and at night it's practically a no-go area for anyone who doesn't want to get totally hammered dressed as a banana. What is really needed is more balance between family tourism and other types of tourism in licencing and town centre management. There are enough bars offering cheap drinks. Let's clean up the image of Newquay by not allowing more licences, particularly those for sex establishments to be granted.

Whilst I am absolutely certain that Newquay needs a change of image, in favour of families (and those seeking non-sex establishment entertainment) and that if there were no sex establishments in Newquay (implemented through the zero cap)  this outcome would be achieved, I am also concerned that the Local Authority properly manages what this would mean in practice. This policy is defined by area, which opens up the possibility of ghettos. What we do not want is an overspill area where licences can be granted, just outside the Newquay boundary. The zero cap policy needs to be co-ordinated across the county, with councilllors actively talking to each other and making sure we are not pushing the problem elsewhere, rather than eradicating it.



Another way of capping the numbers would be to set the fees so prohibitively high as to deter anyone from licensing. Say £1m per licence. Can this be done?




Mr R – Falmouth (24a)

27 Sept 2010

I do not want lap dancing or similar clubs in Cornwall. At all. Please do not allow them to open.




Mr/Ms D – (24b)

27 Sept 2010

I do not think that an acceptance of lap-dancing clubs and sex shops is in any way a healthy stance for Cornwall Council to tolerate nor licence. A responsible response is to reject these and any similar suggestions

Ms B – Newquay (24b)

27 Sept 2010

The table outlining the numerical limits (11.2) has not been completed and, while I think one sex establishment is more than enough, how many would this demographic allow?


Ms M – Newquay (29)

04 Oct 2010

i am 24 and have lived in cornwall all my life there is relly no need for any sex establishments in cornwall.i am fed up with al the hype and think it is ruining today.i worry for my children growing up when there is sexual pictures shuved in ur face wenever you go in2 a garage or shop on magazines or papers its got its way in2 to adverts music videos and is hard to escape frrom it naked women on ur tv at night also is to far. so to bring this into cornwall more, is an outrage lap dancing clubs in newwquay and plymouth its turning into america. i feel trapped in todays society. i only heard this briefly on radio cornwall and would like to know more about it or who i can talk to about what is going on in todays world.there has and probally always will be a market for this sort of thing but should be kept private to a certain extent.people know where to purchase porn or sexual toys.i am not  huff puff or a bitter person.  do just really worry about are next generation will they be all growing in2 barbie dolls????? i could go on and on.i am just really fed up with everything being about sex surely its about two people bieng in love not a marketing process


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