The Licensing Committee of Hackney Council met on Wednesday 12 January 2011 to discuss and vote on a new Sex Establishment Licensing Policy and draft standard conditions for such establishments. The committee endorsed the proposed Sex Establishment Licensing Policy for adoption by the Council, with amendments, and noted the consultation report. They also discussed and noted draft Sex Establishment Standards Conditions.

Sex Establishment Licensing Policy

The committee endorsed a proposed Sex Establishment Licensing Policy for adoption by the Council. This policy aims to establish a nil limit on the number of sex establishments across all 19 wards in Hackney, meaning no new licences would normally be granted. However, an amendment was made to include a special exception for existing, well-run premises within the Haggerston ward. This exception would only apply if the premises are longstanding and well-run and do not generate significant community concern.

The decision to endorse the policy was made with 9 votes in favour and 4 against. Councillors Aussenberg, Bell, Muir, and Taylor voted against endorsing the policy. Arguments in favour of the policy highlighted concerns about the objectification of women, potential for increased crime and disorder, and the desire to create safer communities. Supporters also noted that 60% of women who responded to the consultation supported the nil policy.

Opponents of the policy, including Councillor Taylor, argued that it was a nil policy by stealth and that it disregarded the views of two-thirds of consultation respondents who supported existing sex establishments. Concerns were also raised that the policy had not been fully consulted upon and could drive establishments underground. Councillors Bell and Muir argued for a distinction between sexual entertainment venues and sex shops, suggesting the policy should not seek to control the number of sex shops as they do not generate the same level of concern.

The policy was amended to include longstanding and well-run as criteria for renewal applications, and to state that all renewal applications would be referred to a Licensing Sub-Committee for decision. The consultation report was also noted.

Draft Sex Establishment Standards Conditions

The committee discussed draft regulations for the control of sex cinemas, sexual entertainment venues, and sex shops. Pat Tuohy, Principal Licensing Officer, introduced the report, noting that the existing conditions needed review following the introduction of the Policing and Crime Act 2009. The draft conditions were presented for comment, with finalised conditions to be presented for approval at a later meeting.

It was noted that conditions could be changed without consultation, but the Licensing Service intended to consult with existing establishments, performers, and trade unions. The committee welcomed these discussions to ensure well-managed premises and protected staff.

The Chair requested that the methodology for enforcement visits be discussed at the next meeting of the Licensing Enforcement Group to ensure adequate checks and explore the possibility of increasing the number of visits. The committee also discussed the importance of conditions in protecting residents, referencing complaints about patrons smoking outside and intimidating passers-by. It was suggested that conditions requiring a secured smoking area should be included in the consultation. The committee noted the draft Sex Establishment Licensing Conditions.

Discussion: How to ensure a joined-up approach between licensing and planning policies

Councillor Guy Nicholson, Cabinet Member for Housing Management and Regeneration, and Councillor Sophie Linden, Cabinet Member for Crime, Sustainability and Customer Services, were present to discuss the relationship between licensing and planning policies. They highlighted that since May 2010, the Council had been working to ensure better collaboration between Licensing and Planning Services, with a common approach to policies and enforcement. A restructure from April 2011 would place these services within the same directorate. Councillor Linden noted that improving the relationship between licensing and planning was a manifesto commitment.

Graham Loveland, Assistant Director of Planning, reported significant improvements over the previous two years, including a dedicated planning enforcement officer attending Licensing Enforcement Group meetings and more interlinked business processes. The creation of an Assistant Director for Planning, Licensing, and Building Control would ensure heads of both services sat on the same management board. Planning strategies, such as the Core Strategy, were being developed to consider the Council's Licensing Policy.

Alan Hawes, Head of Building Control and Licensing, mentioned that the possibility of aligning conditions between planning and licensing was being investigated, such as using the same wording for noise-related conditions. The committee welcomed this approach and noted the improvement in representations received from the Planning Service, which now included more explanatory information and addressed licensing objectives.

However, the committee raised concerns about difficulties faced by Sub-Committees when applicants with planning permission for late operating hours invested heavily before seeking a licence, often expecting similar licensing hours. It was suggested that a standard informative note could be added to planning consents stating that a premises licence would be required and that planning permission did not influence licence applications. Additionally, it was suggested that Licensing Sub-Committees should receive information from planning case officers regarding the justification for granted planning permission.

The need for aligned policies, particularly in town centres, was stressed. Councillor Nicholson advised that area-based policies were due for review following the adoption of the Core Strategy. The committee acknowledged that planning and licensing authorities were separate, but requested that the Council clearly explain the requirement to obtain permission from both authorities to applicants.

Update on the Police Reform and Social Responsibility Bill

This item was deferred to the next meeting.