Agenda and minutes

Apologies for absence had been received from Councillors S Pickering, M E Thacker MBE, P Windley and P Wright.

Members are requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest, not already on their register of interests in any item on the agenda and withdraw from the meeting at the appropriate time.

There were no declarations of interest at this meeting.

To approve as a correct record and the Chair to sign the Minutes of the meeting of the General Licensing Committee held on 27 July 2021.

RESOLVED  - That the Minutes of the last meeting held on 27 July 2021 were approved as a correct record and signed by the Chair.

Report of the Joint Assistant Director (Environmental Health)

The Committee received a report which considered the responses to the Sex Establishment Policy consultation. 

Members heard that under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (the 1982 Act) and Section 27 of the Crime and Policing Act 2009 (the 2009 Act), the Council could adopt legislation and policies which gave them the power to control the number and location of sex establishments in its location.

Members were reminded that on 17 October 2019 the General Licensing Committee resolved that Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, Control of Sex Establishments should apply to the District of North East Derbyshire and the matter be referred to Council to pass a resolution to adopt the legislation.  Subsequently, following consideration of a draft Policy through the General Licensing Committee, a 13 week public consultation opened between 1 March 2021 and 28 May 2021. 

The Committee heard that the consultation was carried out through the Ask Derbyshire website, and publicised on the Council’s social media platforms and through press releases, as well as contacting stakeholders directly.  Members were presented with a full evaluation of responses which was contained within the report.

Members requested that the comments and concerns from key consultees who responded to the consultation be outlined within any report which was submitted to full Council.

The Committee agreed that it was essential the Council put safeguards in place to protect the Authority in the event that any applications for a sex establishment premises were received. Adopting the legislation would give the Council more powers to regulate and control sex establishments within the District, and thus should be seen by residents as a necessary and precautionary measure.

RESOLVED –

(1)          The General Licensing Committee note the outcome of the public consultation on adoption of the powers on the control of sex establishments under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by Section 27 of the Policing and Crime Act 2009, and the strong feelings expressed by respondents to the consultation.

(2)          That the Joint Assistant Director (Environmental Health) be required to make a report to the next full Council meeting to consider a recommendation to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) together with the draft policy.

To consider any other matter which the Chair of the Committee is of the opinion should be considered as a matter of urgency.

There were no matters of urgency considered at this meeting.