Recent changes brought about by the Police and Crime Act 2009 now provide additional regulatory powers to Local Authorities in respect of sex establishments.
Previous legislation permitted the regulation of sex shops and sex cinemas but made no provision for the regulation of adult entertainment venues providing entertainment that includes lap dancing, pole dancing, strip tease or other similar activities.
The change in the law means that such adult entertainment venues are now included within the classification of a 'sex establishment'.
The council adopted the provisions of the amended legislation in order to regulate all sex establishments. The decision to adopt the legislation was made in December 2010.
Had the amended legislation not been adopted, this council would have no power to regulate adult entertainment activities apart from some very limited powers under the Licensing Act 2003.
Although not a mandatory requirement, this council has created a Sex Establishment Licensing Policy which sets out how applications for all sex establishments will be administered, monitored and enforced. It is anticipated that this will guide prospective applicants, residents and decision makers about the application process and the expectations of the council. It includes advice on where applications may be refused and also on what statutory grounds the council may refuse or grant an application.
In line with government guidelines, this Policy was publicly consulted on for three months between December 2010 and March 2011. It has now been approved along with standard licence conditions for each type of sex establishment.
A decision was made to adopt a 'Zero' Policy across parts of the town centre area that includes the main night and day time economy areas as well as areas of Basing View that have been earmarked for development and regeneration. This means that applications for sex establishments within that area will be refused.
The policy also sets out specific areas where applications for sex establishments are unlikely to be granted. The policy states as follows:
Careful consideration will be given to the suitability of the proposed location of any premises in the borough for which an application or enquiry is received. The Licensing Authority will have regard to the proximity of particular types of proposed sex establishments to premises such as schools, places of worship and/or whether the premises is located within a conservation area.
Applicants should be aware that applications for licences for sex establishments are unlikely to be considered acceptable in areas deemed to be within inappropriate proximity to
- A place of religious worship/education; or
- A pre-school facility or;
- A higher education campus; or
- Any residential accommodation; or
- An enclosed shopping Mall, Arcade or centre; or
- A market; or
- A public building open to the general public; or
- A community meeting place; or
- A community leisure facility; or
- a 'Gateway' to an identifiable locality; or
- A location where children may be at risk but not previously referred to above; or
- A conservation area within the meaning of the Town and Country Planning Acts.
A copy of the full Policy can be obtained from the Licensing Team at licensing@basingstoke.gov.uk or by calling them on 01256 844844.
Application forms will be available soon.
