Agenda item - Policing and Crime Bill

RESOLVED – that the Licensing Committee (Non Licensing Act 2003 Functions) agrees the recommendations in the report.

24.1    The Head of Environmental Health and Licensing presented a report on the Policing and Crime Bill as it related to the Licensing Committee (Non Licensing Act 2003 Functions) and stated that since the Constitution had changed, work on examining this bill would now be conducted by the Licensing Committee.

24.2    Councillor Lepper welcomed the provisions of the new bill and stated that it was a success for Local Authorities who were concerned about the proliferation of this type of establishment, which could not be controlled by the Licensing Act 2003. She noted concern over the fact that it was not mandatory however, and that it did not cover venues such as pubs, where events may be organised intermittently or on a casual basis. Councillor Lepper recognised that such venues would have to apply for, or already have provision for, dancing on their licence however.

24.3    Councillor Cobb felt cautious about adopting provisions to control this type of establishment and noted that Westminster City Council was not intending to adopt the bill. She noted that Brighton and Hove already had a nudist beach and was a popular resort for hen and stag parties. She felt that provision for adult entertainment was necessary for the continued economic health of the city and believed that controlling the number and location of these establishments could detrimentally affect the tourist trade.

24.4    Councillor Kitcat welcomed greater control of these establishments and noted that existing ones were already causing problems in his ward. He recognised the effects of the provisions in terms of the tourist trade, but noted that hen and stag party activities were exempt from the provisions. He asked whether a new working group would be formed to look into this issue further, and asked whether the funding that had been ring fenced to investigate the Private Members’ Bill would be used for the work on the Public Bill.

24.5    The Head of Environmental Health and Licensing stated that the Licensing Committee would take on the work of the cross-party working group and would refer any recommendations as a result of that work to Council for adoption.

The funding that was originally set aside for investigation and implementation of a Private Members Bill was not in the control of the Head of Environmental Health and Licensing and he stated that as the Bill was now public, any costs incurred could be absorbed into the relevant current budget of the Committee or the department.

24.6    Councillor Hyde expressed concern over the Public Bill and felt that it was incomplete. The Head of Environmental Health and Licensing stated that it was too early to tell what provisions the final act would contain and noted it would be prudent to stay neutral for the time being. He noted that the department received very few complaints about existing sex establishments in the city and their licences could be reviewed in the usual way if they were creating problems for a local area.

24.7    Councillor Simson stated that initial concerns over the proliferation of sex establishments in the city had not been borne out over recent years, and as the Bill was no longer a Private Members Bill the costs for investigation and implementation would be reduced. She felt that it was prudent therefore to use the original funding elsewhere.

24.8    RESOLVED – that the Licensing Committee (Non Licensing Act 2003 Functions) agrees the recommendations in the report.