- East Devon District Council, with effect from the 1 January 1983, resolved to apply Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, providing that anyone wishing to operate a ‘sex establishment’ within the district must first obtain a licence from the council. At that time the term ‘establishment’ related to shops and cinemas used for that purpose.
- Following the reclassification of lap dancing style premises as sexual entertainment venues by Section 27 of the Policing and Crime Act 2009 the council resolved that with effect from the 1 February 2011 the amended Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 would apply to the district. This means that all sex establishment venues including lap dancing style premises within the East Devon District are required to be licensed by this council.
- This Statement of Licensing Policy for Sex Establishments sets out the council’s requirements for premises to be licensed as ‘sex establishments’ within the meaning of the Act.
- The information contained in the appendices attached and referred to within this policy should be read as an inclusive part of this policy document.
- Readers are strongly advised to seek their own legal advice if they are unsure of the requirements of the Act or schedules issued under the Act.
Definition of a Sex Establishment
- A ‘sex establishment’ is defined under the Act as a ‘sex shop’, a ‘sex cinema’ or a ‘sexual entertainment venue’. Full definitions of those and other relevant terms can be found in Appendix A. This appendix also provides detail on when a sexual entertainment venue is exempt from the provisions of the Act.
- Sex establishments include any premises, vehicle, vessel or stall used as a sex establishment but does not apply to the sale, supply or demonstration of articles which are manufactured for use primarily for the purposes of birth control or primarily relate to birth control.
The Geographical Area
- East Devon is one of eight Devon districts and, in population terms, it is the largest in the County.
- The district has a dispersed and mainly rural population. The rural nature of the area is emphasised by the low population density of 1.67 per hectare (the England and Wales average is 3.4). The district is fully parished with 68 town and parish Councils. Areas of Outstanding Natural Beauty and the World Heritage Coast cover a high proportion of the district.
- The main settlements comprise the coastal resorts of Exmouth (Devon’s largest town – population 35,762), Budleigh Salterton, Sidmouth and Seaton. In the mainly rural inland area the settlements comprise Honiton, Ottery St Mary, and Axminster. There are numerous villages and hamlets.
- The district’s population currently stands at 135,643: 63,900 males and 68,900 females. The black and ethnic minority population of East Devon is considerably small – only 2.5 per cent (3,400 people described their ethnic group as non-white in the 2006 ethnicity census, with Mixed race being the single largest grouping at 1,100). East Devon also has a high percent of elderly residents with 34 per cent of the population over 60 years of age.
- The East Devon population is set to grow over the next few years, projected to reach 145,800 in 2016 although this is less than had been projected before the recession. Currently those in 60 to 64 year age band form the largest age group in the district.
- The entertainment industry within the district is a major contributor to the economy of East Devon. It attracts tourists and visitors, makes for vibrant towns and communities and is a major employer.
- This Licensing Policy sets out the policies the council will generally apply when making decisions on applications. This document explains the application process and provides information on what is expected of applicants. In addition, the processes by which representations may be made about an application are explained.
- Whilst this policy stands alone, applicants are advised to also have regard to the Council’s Licensing Act 2003 Policy which may impact on applicants, particularly those wishing to undertake other licensable activities such as the retail sale of alcohol.
- In addition to considering the requirements of the Act, consideration has been given to the following requirements in developing this policy:
- Section 17 of the Crime and Disorder Act 1998 to take all reasonable steps to reduce crime and disorder within the district;
- The Regulators’ Compliance Code (set out under the Legislative and Regulatory Reform Act 2006) not to impede economic progress by the regulations we set out and to particularly consider the impact of regulations on small businesses; and
- The Provision of Services Regulations 2009 to ensure requirements are:
- justified by an overriding reason relating to the public interest;
- proportionate to that public interest objective;
- clear and unambiguous;
- made public in advance; and
- transparent and accessible.
- At the time of adopting this policy, the council has no licensed sex establishments but there is one premises that falls within the new definition of a sexual entertainment venue. Under the legislation this business has twelve months from the 1 February 2011 to become licensed or to stop trading in its current form.
- The pubic consultation in relating to the draft policy took place between the 1 March 2011and the 25 May 2011, in line with the HM Government Code of Practice on Consultation (published July 2008), which is available at www.berr.gov.uk/files/file47158.pdf. Consultation was conducted with local residents, the statutory responsible authorities under the Licensing Act 2003, and holders of premises licences under the Licensing Act 2003 in the District.
Amendments to policy
- Any significant amendment to this policy will only be implemented after further consultation with those who are likely to be affected by the amendments including existing licence holders and statutory responsible authorities under the Licensing Act 2003.
- For the purposes of clarity any significant amendment is defined as one that:
- is likely to have a significant financial effect on the licence holders, or
- is likely to have a significant procedural effect on the licence holders, or
- is likely to have a significant effect on the community.
- Any minor amendment to this Policy may be authorised by the corporate legal and democratic services manager in consultation with the chairman of the Licensing and Enforcement Committee.
- The authority will review the policy when it identifies a need or as required by legislation changes or following government guidance.
Exchange of Information
- The authority may from time to time exercise its’ powers under section 115 of the Crime and Disorder Act 1998 to exchange data and information with the police and other partners to fulfil its statutory objective of reducing crime in the area.
- Details of applications and objections which are referred to a Licensing Sub-Committee for determination will be published in reports that are made publicly available in accordance with the Local Government Act 1972 and the Freedom of Information Act 2000.
- The names and addresses of objectors will not be disclosed to applicants or published in public reports in accordance with the Act. Such details will be made available to Councillors on the Licensing Sub-Committee.
- Should you have comments regarding this policy please write to the address on the front of this document or email firstname.lastname@example.org.
- Relevant legislation can be viewed at www.opsi.gov.uk.