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CORNWALL POLICY CONSULTATION DATABASE SEX ESTABLISHMENT POLICY – 28 July to 20 October 2010

CONSULTATION RESPONSES RECEIVED WHICH ARE RELEVANT TO THE POLICY AND/OR STANDARD CONDITIONS

RESPONSE DETAILS

DATE RECIEVED

CONSULTATION RESPONSE COMMENTS PROPOSED CHANGE TO POLICY

POLICY AMENDED

AGREED BY MLC 10/11/10

General CommentsLicensing Team Managers

Have included a sheet for delegated authority. There has been no consultation response submitted on this matter, however, it is good practice in line with other policies to address such issues and have them as an appendix to the policy document.

Amendments detailed in the report to the Miscellaneous Licensing Committee 10/11/10:

Amendments that have already been made to the draft policy

General typographical errors have been corrected.*

Document status page updated.

Introduction – addition of paragraphs 1.5, 1.6, 1.7, 1.8 & 1.9

2.2 New item number 2.2 inserted. This relates to the Committee’s ability to deviate from the Policy. The original item number 2.2 has been renumbered as item 2.3.

4.2 Changed the words “stand in adopting” to “stance through adoption of”.*

7.1 New item number 7.1 inserted. This relates to the separate requirement to obtain planning permission and recommendation that this is achieved before applying for a licence.

7.5 As requested by the Miscellaneous Licensing Committee at the meeting on 16 July 2010, a requirement has been added as new item number 7.6 for an applicant to submit House Rules in respect of Sexual Entertainment Venues. *

N.B. The items within Section 7 have been renumbered in accordance with the above 2 amendments.

8.7 Item amended in relation to the Procedure for the Conduct of Sex Establishment Licensing Hearings. This is following legal advice received as part of a recent application determined by the Committee, which has been received since drafting the policy – new Appendix E, the Procedure, inserted.

9.6 New item number 9.6 inserted. This relates to the target determination date which is required to be set in accordance with the EU Services Directive. Item numbers 9.5 – 9.10 have been renumbered as 9.6 – 9.11.

9.10 Heading “Length of Licence” amended to “Duration of Licence”.

Appendix G added for approval.

YES YES

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11.2 Numerical Limits – The table to be completed if any Numerical Limits are set has been moved to an Appendix – New Appendix F inserted.

11.3 Definition of “Operation of CCTV to the Council’s satisfaction” included. The Committee was advised at the meeting in July that officers needed to include appropriate information in relation to this section.*

11.12 New item number 11.12 inserted. This relates to a definition for adequate non-public changing rooms for performers. Item numbers 11.12 – 11.13 have been renumbered as 11.13 – 11.14.

13.2 Updated to advise list of consultees available on the Council’s website (link to page provided).

17.1 Equality Act 2010 added to the list of Information.

Appendix A – Form of Notice of Application. This has been amended to include sexual entertainment venues and incorporate matters where approval is needed under the standard conditions of licence, i.e. proposed licensed name and hours of operation.

*Amendments made to draft policy prior to consultation.

Amendments that have already been made to the draft Standard Conditions

Sexual Entertainment Venue Conditions:

As a result of the Miscellaneous Licensing Committee requesting a requirement to submit House Rules in respect of Sexual Entertainment Venues a new condition 17 was added which requires House Rules to be signed and also a duty to ensure compliance with the House Rules.*

Original condition numbers 17 – 58 renumbered 18 – 59 due to insertion of new condition number 17.*

New condition number 52 (previously 51) the order of the list was amended original number 4 became item number 2, and the word “anus” added as inadvertently omitted.*

New Condition 25 inserted regarding separate changing rooms for performers. Pervious conditions number 35 – 59 renumbered 26 – 60.

*Amendments made to draft policy prior to consultation.

Cornwall Fire & Rescue Service (34)

As the legislation dealing with the licensing of sex establishments has been amended to say that no condition may be prescribed in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under Regulatory Reform (Fire Safety) Order 2005 in respect of the premises, vessel or stall, we are unable to comment on fire safety in the form of conditions. The premises will be regulated directly through the RR (FS) O 2005.The fire service is committed to safety within the community and will work with partner agencies in achieving this common goal. The policy provides clarity with regard to the Fire service role as the enforcing agency of the RR(FS)O 2005 in this

Noted. None N/A YES

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type of premises.

Mrs C – Truro (142)

21 Oct 2010

I shall also be glad if you would clarify the duties of the Licensing Committee – Miscellaneous Licensing Committee – the Development Control Planning Committee i.e. change of the use of premises – who decides and controls the opening hours and issues a licence to sell alcohol. It would be helpful if you were able to set out the chain of events by the applicant and the Cornwall Council in the event that an application was made for a Lap Dancing venue. At the moment no one seems to understand the system why some applications require planning permission and others do not.

This is outside the scope of this policy. This policy can only address the issues in relation to the process for applying for a sex establishment licence and no other form of permission or licence. The Committee has requested that Licensing Services refer the enquiry to planning for a response.

None N/A YES

Miss P – Bodmin (122)

08 Oct 2010

Generally – Overlapping responsibilities of the Miscellaneous Committee & the Licensing Act Committee, concern Newquay. What can be done? The street pastor said the worst of the violence, people being sick and ill, begins at 4am. Can the opening hours of the night clubs & sex establishments be reduced? Could everything close by 2am, or, better still in my personal view & for the benefit to health & wellbeing of both revellers & residents, 12 Midnight? What can be done? (Understand Truro at night is not much better).

Noted. Each application must be considered on its own merits, and hours applied for may be granted or amended. These comments relate more to Licensing Act 2003 issues and do not relate to this policy.

None N/A YES

Cornwall Councillor – Moresk Ward, Truro (118)

19 Oct 2010

I am writing in response to your request for comments about sex establishments in Cornwall. I attended one of your recent meetings at Lys Kernow where I listened intently to the discourse. I think I was struck most forcefully by one comment which, as I understood the description, emanated from a worker in a Newquay ‘pole dancing’ club. She said that, whilst it is perfectly proper for people who disapprove of such establishments to voice their views and to be heard, it is equally important for those who issue licenses to consider the welfare of those who work in such establishments. I think that this is a profoundly important concern and I wish to be reassured that Cornwall Council will, in any circumstances, consider either refusing or withdrawing a license if there is evidence of mistreatment, ignorance or abuse of the moral welfare of workers, or conditions which breach standards of behavior commensurate with dignity and equality.

I also listened intently to the group of women who described themselves as mothers of young children placed in the situation of having to walk with their children to and from school, and to shops and leisure facilities, past sex establishments. One of them drew attention to the problem of trying to explain why an obviously commercial, entertainment premises was completely un-signed – because, in being thus, it stood out and sparked curiosity, not least in their children.

In the recent hearings about a sex shop in Truro there were exchanges about visible displays in windows

Proposed conditions already address safeguarding of staff. If conditions are breached appropriate enforcement measures will be taken.

Proposed conditions already address issues regarding signage of premises, including lettering, displays and

None N/A

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and behind doors. Undertakings were given but nothing was said about signage, or about inferred metaphor in titles, design or graphics of signage or advertisement. I think that this is a most important area which should excite the interest and regulation of the Licensing Committee. Again, I seek assurance that such matters will be regulated in the interests of ensuring that children, vulnerable people and those who do not wish their experience to be affected by such premises, practices or ideas, or who may find their religious principles compromised whilst enjoying public spaces and facilities.

I consider that town centres, malls, seafronts and places in proximity to public facilities and amenities are places which are, and should be, enjoyed by a wide variety of people. They should be as risk free as possible both in physical and emotional terms, to ensure that all are equally able to quietly enjoy and to appreciate. I consider that it is central to the Licensing Committee’s function that it should consider the environment in which premises for which licenses are sought for sex establishments, and that it should consistently and clearly safeguard public spaces and places, including principal streets, concourses, squares and parks. Siting of such premises, if they are to be enabled at all, should be discreet.[next three paragraphs of letter have been recorded under section 11.2 below]

Lastly, may I say that whilst the officers present at the consultation exercise I attended gave clear, concise and pragmatic answers to questions, and were both respectful and attentive to those who participated, I am bound to agree with the lady who complained that the positioning, attitude and demeanour of the committee members was, as she put it, ‘intimidating’. I’m sure this was not intended to be the effect but I hope that, in future, both Licensing and other departments carrying out such exercises, will consider how spatial planning can encourage participation effectively.

advertisements (28 (iv), 29, 30(a)).

The licensed name is also addressed (28(i).)The location of premises is considered as part of the determination of a licence application the policy addresses such issues at sections 9 & 11.

Truro City Council – (113)

20 Oct 2010

In conclusion of the letter from Truro City Council it states :-Conclusion1. Truro City Council welcomes consultation on all applications concerning Sex Establishments whether it be applications, waivers or renewals.2. We look for a change in the present rules in respect of Application hearings which will actually give the applicants and the objectors “equal opportunity” to state their case.3. We look to stricter inspection rules which will give the general public the assurance that the licence conditions are being adhered to.

1. Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority.2. Case law & legislation restricts objectors addressing the Committee. However discretion has been built into the hearing procedure for such applications for the Chair to allow objectors to speak on relevant

None N/A YES

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matters. The Committee and the applicant are not permitted to ask questions of the objectors. The Hearing Procedure is now contained within the policy as Appendix A.3. Inspection of Licensed premises is carried out on a risk based regime and appropriate inspection schedules will be maintained.

Penryn Town Council (8)

21 Sept 2010

I trust that my Councillors would have limited knowledge and experience of such premises, consequently Council’s views are restricted to comments on location, parking and access, opening hours, external advertising and signing, and any aspect that might impact negatively on the community. Council’s expectations are that a significant majority of the residents would not wish to see any sex establishments in Penryn at all, but should any proposal be put forward, Council will leave the control and monitoring of activities within the premises to the Licensing Authority. It is assumed that relevant Planning Applications would be required in which the above mentioned aspects would be addressed. Council would only consider any sex establishment located away from the Town Centre, but not in a residential area. The building should be discreet with on-site parking and good vehicular access. Opening hours should be fixed to avoid disruptive night-time noise and traffic. External advertising and signing shall be limited to the premises only with limits on sizes and numbers of signs and wording of signs being subject to the approval of the Licensing Authority. The use of terms such as taste or appropriateness are very subjective in these times of changing values and it seems that Penryn would be an unlikely location. However, should proposals come forward and the necessary consents, approvals and licences are granted it is of paramount importance that the operation is adequately monitored and policed.

Noted None N/A YES

Stithians Parish Council (30)

28 Sept 2010

The policy is 45 pages of complicated provisions and requirements to regulate sex establishments, albeit not brothels.The policy states that the Council takes no moral stance in regard to these enterprises.The fact that Cornwall Council has opted to regulate activities that were previously not regulated somewhat contradicts the statement that these establishments are not commonly sources of crime or disorder. This begs the question of why they need regulating? No justification for regulating is given that could be discerned.

There was no provision to regulate Sexual Entertainment Venues prior to the introduction of the Policing and Crime Act 2009; therefore the Council had no jurisdiction to regulate such premises. Central Government prescribes matter which must or may

None N/A YES

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be regulated. This authority has extended its original powers of regulation to include this class of premises. Clearly it would be remiss in it’s duties to allow the licensable activities of such premises to go unregulated.


28 Sept 2010

To reduce the number of comments in the response, some editing and clarifying of the document has been carried out within the document itself which revisions are shown highlighted. This is basically making the English more comprehensible and saying what appears to be the intention. Refer to highlighted copy of draft policy. The table of comments (these have been inserted in this spreadsheet as appropriate); it is long and refers back to the policy document. No apology is made for its length as the content and presentation of the policy require significant enquiry and refinement.

Noted. Some suggested amendments agreed, some not.

Appropriate typographical errors amended.

Yes YES

Cornwall Feminist Network (103)

10 Oct 2010

GENDER EQUALITY

We strongly recommend that you explicitly include ‘the promotion of gender equality’ as a specific objective for Sex Establishment licensing in your licensing policy.

The Gender Equality Duty 2007 legally requires local authorities to promote equality between women and men in all that they do. The Gender Equality Duty is particularly relevant in relation to the licensing of sex establishments because of the gendered nature of sex establishments like lap dancing clubs, and because of the negative impact that lap dancing clubs have on efforts to promote equality between women and men. The negative implications of lap dancing clubs on women are outlined below:

Lap dancing clubs normalise the sexual objectification of women in contradiction to efforts to promote equality between women and men.

The links between objectification, discrimination and violence against women are recognised at the international level by the legally binding United Nations Convention to Eliminate Discrimination Against Women (CEDAW), which has repeatedly called on states – including the British Government - to take action against the objectification of women. Similarly the UK-based End Violence Against Women coalition has called on the UK Government to tackle the sexualisation of women and girls because it provides a ‘conducive context’ for violence against women.

Lap dancing clubs promote ‘sex-object’ culture – the mainstreaming of the sex and porn industries.

The growth of lap dancing clubs has fed into what OBJECT terms ‘sex-object’ culture – the mainstreaming of the sex and porn industries and the ever increasing sexual objectification of women and girls. With lax licensing laws leading to the number of lap dancing clubs doubling over the last five years, and a PR makeover branding lap dancing as glamorous and ‘harmless fun’, we have found ourselves in a situation in which major retailers sell pole dancing kits along with pink frilly garters and paper money in their ‘toys and games section’, and leisure centres offer pole dancing lessons to girls as young as twelve. This has led to 25% of teenage girls seeing being a lap dancer as their ideal profession.

This is outside the legislative requirement in relation to consideration of applications for Sex Establishments. The Authority’s duty is to ensure that any policy adopted considers gender equality; therefore the Policy and standard conditions have been subject to an Equality Impact Assessment, which will be available for viewing on the Council’s website in due course.

The policy and standard conditions do not favour one gender over another and the standard

None N/A YES

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Lap dancing clubs are a part of the sex industry and as such are linked with wider systems of prostitution

Research shows that the structural conditions of lap dancing clubs, where women compete with one another for private dances, lead to some dancers offering sexual services to survive financially , a climate in which, according to an ex-lap dancer: ‘No touching, not exposing your genitals, not allowing men to touch you is the exception rather than the rule’

Even if a club enforces a no touching rule and there is no sexual contact between dancer and customer, research further shows that strip clubs increase demand for nearby prostitution services. This places lap dancing on a continuum of commercial sexual activity, irrespective of whether this sexual exchange occurs within the club itself.

Lap dancing clubs have a negative impact on women’s safety in the local vicinity

Research undertaken in the London Borough of Camden found a fifty percent increase in sexual assaults in the borough after the rapid expansion of lap dancing clubs. Personal testimony from women who have written to OBJECT reinforces the idea of a link between the proliferation of lap dancing clubs and increased levels of sexual harassment for women in the vicinity:

‘On separate occasions, I have had men say to me “How much for a dance love? I’ll give you £20 to get yours out,”... they seem to always think that because they can pay to degrade and abuse women inside the club that I am no different’

The UK Royal Institute of Town Planning has further drawn attention to concerns regarding the impact of lap dancing clubs on women in the local areas: ‘Evidence shows that in certain locations, lap dancing and exotic dancing clubs make women feel threatened or uncomfortable’

Lap dancing clubs have a negative impact on women’s safety in wider society

Lap dancing clubs normalise the representation of women as being always sexually available and this is worrying in light of widespread public opinion that women are in some way responsible for sexual assaults perpetrated against them. The links between the expansion of lap dancing clubs and an increase in the levels of sexual violence have been raised by organisations who work with victims and perpetrators of gender-based violence. For example, as Chair of Rape Crisis Nicole Westmarland reported that lap dancing clubs ‘both support and are a consequence of sexual violence in society’.

This view is reiterated by the Director of the White Ribbon Campaign, an organisation which works with men to end violence against women: ‘Any expansion of lap dancing clubs feeds an increase in the lack of respect for women. We work for an age when all men understand the implications of their support for these clubs, and they all choose not to attend them’

Furthermore, in response to research it commissioned into the impact of lap dancing clubs on the city, Glasgow City Council stated:

“Images of women and ‘entertainment’ which demean and degrade women portraying them as sexual objects plays a part in “normalising” sexual violence and contributes to male abuse of women being acceptable, tolerated, condoned and excused. Such entertainment runs counter to explicit commitments by a range of private, public and voluntary agencies to promoting women’s equality.”

conditions in relation to Sexual Entertainment Venues have been subject to amendment to ensure that separate changing facilities for each gender performing is available.

Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority.

With regard to “the frequency exemption” any premises using this will have to have relevant authorisation via the Licensing Act 2003 and if the premises is subject to a premises licence then they must also have indicated that adult entertainment will take place. If no such indication has been made then entertainment of an adult nature is

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In relation to police rape statistics in Newquay, at the recent Divas hearing, the lap-dancing club’s management made spurious claims that the lap-dancing clubs are keeping rape statistics down. As Philip Kolvin QC the barrister acting for Cornwall Council portrayed, statistics can be interpreted in numerous ways. His interpretation of the statistics produced were, that in the first 5 years of the millennium in Newquay there were 34 rapes; in the second 5 years of the millennium there were 86 rapes. This, Philip Kolvin stated was a 250% increase and was a ‘shameful record for Newquay.’ Cornwall has the one of the lowest conviction rates in the county for rape and stands at just 5.2%.

CFN call on the council to adopt a nil policy in relation to SEVs for the reasons given above. However, if you do not adopt a nil policy and SEVs are to be granted and/or renewed, we would very much appreciate being consulted regarding conditions. The conditions currently in the draft policy we believe will be subject to legal challenge.

We further request that you monitor the impact of the ‘frequency exemption’ which was included within the SEV licensing regime.

not permitted.

All other comments noted.


10 Oct 2010

Cornwall Feminist Network recommend that the policy requires members of licensing subcommittees who wish to sit in hearings of relevance to gender (i.e. SEVs; sex establishments and so on) to have completed up to date basic training in gender equality and equality legislation.

Cornwall Feminist Network also recommend that, in the absence of legal direction to the contrary, the Licensing Committee maintain a register of interested parties in reference to SEVs, sex establishments and so on, who will be informed by the Licensing Committee when applications are received of potential relevance for gender equality. This will ensure that the Council will be seen to fulfil its obligations to operate in a transparent and accountable manner. (This will not be an onerous obligation as relevant applications are estimated to be up to three or four a year, currently).

While it is true that both men and women have been active in making representations about the negative impact on society of SEVs, it is also true that the majority of those who reflect and take action on the harm of SEVs are women. This could be because the lived experience of sexual objectification, sexual discrimination, sexual harassment and sexual violence in many women’s lives plays a part in the extent to which these issues are given serious consideration and weighed against other interests or values in the context of SEV licensing.

Therefore we request and recommend that:

The working party of officers and councillors is at least equally gender balanced The policy should make reference to good practice in SEV applications being heard by

sub-committees that are at least equally gender balanced.

We would also like to point out the cross party support for tackling the growth of lap dancing clubs.

Home Secretary, Theresa May at the Women’s Aid Conference 2010:

“It is only when businesses appreciate their responsibility to end the sexualisation of women that some people will stop treating women like objects. And it’s only when our communities stand up and say violence against women is unacceptable – that attitudes will really begin to change”.

Noted. Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority.

There is no working party.

The Miscellaneous Licensing Committee does not currently hear applications by way of sub-committees.

With regard to the constitution of the

None N/A YES

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The Conservative Violence Against Women and Girls Strategy for London (2010 – 2013):

“The proliferation of lap dancing clubs and brothels may further legitimise violence against women and undermine efforts to prevent it...

We will ensure that the safety issues presented by lap dancing clubs come under local authority and police scrutiny through JEM. The Mayor will work with local authorities to review the implementation of the new licensing regime under the Policing and Crime Act 2009 to ensure that London leads the way in regulating lap dancing clubs as sexual entertainment venues and giving local people the power to object to lap dancing clubs in their area. We will support boroughs in ensuring that the proliferation of lap dancing clubs is controlled. We will also champion any police operations that target lap dancing clubs to investigate any misconduct or criminal activity.”

And the Leader of the opposition, Ed Miliband:

“We need to think about how our culture treats women more generally. The vital work of organisations such as OBJECT has exposed the ease with which lap dancing clubs have sprung up. In government we took some steps to enforce stricter controls on these establishments, but we were too slow to recognise this problem and act on it. I have already pledged that I want local people to have more power to challenge the licences of these establishments.’

We attach a factsheet to support this submission and thank you for agreeing to adopt this new legislation which as the Government state will further empower local communities.

Miscellaneous Licensing Committee the council does not have a duty to ensure that it is balanced either by gender or politically.

Other comments noted.

Mr C – Falmouth (22)

16 Aug 2010

The draft policy does not seem to indicate clearly what the Council is proposing to permit or not permit – the policy seems to primarily deal with what needs to be included in an application, rather than how Cornwall proposes that the application be judged?

Section 9 of the policy details determination of applications, particularly factors which may or may not be taken into consideration. Section 11 provides information which will be taken into account regarding the characteristics of a locality.

None N/A YES

Ms H – University of Leeds (28)

30 Sept 2010

I write to you regarding the consultation currently being undertaken in Cornwall in relation to the adoption of the new legislation regarding Sex Establishment Licenses, brought in under the Policing and Crime Bill.

Dr Teela Sanders and I have been working on a major ESRC funded research project regarding the regulation and working conditions in the lap dancing industry in the UK. It is the first of its kind in the UK. More information can be found here about the project:http://www.sociology.leeds.ac.uk/research/projects/regulatory-dance.php

We are attaching a copy of the preliminary findings report which you may find useful in terms of policy-making with regards to the new licenses.

Noted. Document will be available for members consideration should they wish to view it.

None N/A YES

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http://www.sociology.leeds.ac.uk/research/projects/regulatory-dance.php

Please feel free to pass this on to whomever you feel would find it relevant or useful. We will be releasing a full report on the findings early in the new year (January 2011). However, if you have any questions or queries regarding the findings in the meantime, please do not hesitate to contact us.

Community Safety Partnership (36)

08 Oct 2010

The main areas of concern, are:

1) It is understood that sex establishments do not attract much crime at the premises. However, when the trail of evidence is followed, the mere existence of these establishments does support Domestic Abuse and Sexual Violence elsewhere. The Governments own strategy on violence against women and girls talks about lap dancing clubs and sex establishments supporting the sexualisation of young women, and that in turn is a contributory factor in Domestic Abuse and/or Sexual Violence - and yet bizarrely it allows the continued existence of sex establishments!

2) We recognise this conflict, and the comments on the attached consultation are designed to address this, in particular, that the young women who work at these premises should have the freedom and capacity to enter into a legal contract. The light touch enforcement is one for you to decide, however, one of our concerns is trafficking. We know that in some premises in the UK, young women are the victims of trafficking, and that the illegal charges for this trafficking are passed on to the young women, by being charged to perform by the operator who may be connected with the trafficking, the young women then uses the contact with clients to solicit prostitution to pay the charges. All obviously illegal, and not necessarily occurring in Cornwall, but we need to be aware of it, and built protection against this into our polices.

3) Lastly, it is sometimes argued that the existence of lap dancing clubs etc. allow for an ‘outlet’ for some men, which prevents rape etc. Professions in the Domestic Abuse and Sexual Violence field however, take the opposite view. This being that sexual excitement is not always fulfilled at these establishments, but is taken away to behind closed doors where women become the hidden victims. There is a well documented correlation between sexual excitement and violence in some people. Cornwall had 7000 reported cases of Domestic Abuse last year, and each reported case has dozens of unreported cases behind it. And these are the people who have the courage to report it. Many do not. I know that Cornwall has very few of these premises, and we should not get the problem out of proportion, or necessarily link all domestic abuse with these establishments (there are many different factors involved) but equally we should not under represent the hidden victims.

(1) Noted.(2) Noted. The Licensing Authority has no jurisdiction over who works in premises other than the legal requirement that persons in Sex Establishments are aged 18 years and over. The standard conditions in respect of Sexual Entertainment Venues prohibit interaction with clients.(3) Comments noted. However these comments should be referred to central Government as it has introduced the legislation to allow the regulation of such premises by local authorities. If there is an issue with particular premises then this should be referred to the Licensing Authority for appropriate enforcement action.

None N/A YES


08 Oct 2010

New section (b) – The Council position on violence against women and girls (VAWG). The current Government and Council position on VAWG is under review, and new guidance may alter this policy.

Noted. Not relevant to this policy as governed by strict guidelines in relation to matters which may or may not be considered when determining Sex

None N/A YES

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Establishment Applications.

Section 1 – IntroductionStithians Parish Council (30)

28 Sept 2010

Para 1.3. It is odd that these policies need unification. Surely if they all fall under the same statute they should operate within the boundaries of that statute?

Previous authorities had not adopted policies. Those that had some had set numerical limits, others had not. Some had adopted standard conditions some had not. As a single authority a single policy should operate.

None N/A YES


28 Sept 2010

Para 1.4. Were such establishments previously not regulated then? If not, why has the Council taken the decision to regulate them now, especially as the document states that sex establishments are noted for not being sources of crime and disorder?

No – Sexual Entertainment Venues is a new class of Sex Establishment which has been created by the Policing and Crime Act 2009.

None N/A YES

Section 2 – Purpose and aim of the PolicyNo Comments submitted.

Section 3 – ScopeMrs C – Truro (142)

21 Oct 2010

Para 3.3 I would ask that all applications for the three categories listed be forwarded to the relevant Parish/Town Council for consultation and that all the elected Cornwall Councillors representing the area that could be affected by an application, be sent details of not only the sex establishment licence application, but also application to waive or vary a licence before a decision is made. I would also like to see a more inclusive role for elected local member(s) in the closed session” committee discussions. I also expect that the members of the public who have given up their time to attend a hearing to be afforded an equal opportunity with the applicant which does not appear to be the case at the moment.


None N/A YES

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This is unconstitutional – only members elected to sit on the Miscellaneous Committee may determine Sex Establishment applications, therefore only members would take part in closed session as part of the decision making process.Case law & legislation restricts objectors addressing the Committee. However discretion has been built into the hearing procedure for such applications for the Chair to allow objectors to speak on relevant matters. The Committee and the applicant are not permitted to ask questions of the objectors. The Hearing Procedure is now contained within the policy as Appendix A.


20 Oct 2010

Para 3.3. We cannot see why special focus is placed on the human rights of applicants. The Council is, of course, bound by Human Rights Act in all its public functions but this hardly needs restating. Furthermore, of all those for whom the Council is responsible have human rights, not just sex establishment applicants. The case of Belfast City Council v. "Miss Behavin' Ltd (2007) UKHL 19 (para.13) specifically warns local authorities against citing human rights as a "formulaic incantation". Para.4.20 of "Sexual Entertainment Venues - Guidance for England and Wales which is Home Office Guidance makes clear the chances of breaching the human rights of a sex shop applicant are low. There is no human right to a sex shop licence (see para. 12 of the Belfast City Council case).

3.3 does not state that special focus is placed on the human rights of applicants.Human rights in relation to licence only apply once a licence has been granted, and then a licence holder does have a right to that licence.

None N/A YES

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28 Sept 2010

Para 3.3. Might not stigmatisation by requiring CCTV be contrary to the Human Rights Act? No. This is for the protection of all – no breach of human rights, as premises must also comply with the legislation regarding CCTV which ensures that signs must be displayed so that people are aware that CCTV is in operation.

None N/A YES


28 Sept 2010

Para 3.4. So they were previously unregulated. Did this give rise to any significant problems? If not, why is CC now wanting to spend time and money regulating something which previously worked without regulation?

There was no provision to regulate Sexual Entertainment Venues prior to the introduction of the Policing and Crime Act 2009; therefore the Council had no jurisdiction to regulate such premises. Central Government prescribes matter which must or may be regulated. This authority has extended its original powers of regulation to include this class of premises. Clearly it would be remiss in it’s duties to allow the licensable activities of such premises to go unregulated.

None N/A YES


20 Oct 2010

Para 3.4 states that the Council "must" have regard to the Home Office Guidance. This is incorrect as a matter of law. Para. 1.5 of the Home Office Guidance itself says "local authorities are encouraged to have regard to the guidance when exercising their functions (although there is no statutory requirement to do so)"

No indication that this is a statutory requirement.

None N/A YES


28 Sept 2010

The notion that the density of numbers of sex establishments is a potential ground for rejecting an application surely runs contrary to the rules for other licensing arrangements which specifically forbid this approach?

Noted. Not relevant to this policy as governed

None N/A YES

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The same item refers to CCTV and sex establishments. This surely has the danger of stigmatising the establishments and the people who patronise them, almost implying that such people are prone to criminal activity?

by strict guidelines in relation to matters which may or may not be considered when determining Sex Establishment Applications. Other licensing legislation is not a matter for consideration when determining Sex Establishment Licence applications.

CCTV is not only used with regard to criminal activity, but for general safeguarding purposes.


08 Oct 2010

Para 3.4 . In making its judgement regarding acceptable locations for sex establishments, the Council has taken due regard of the developing Council policy on violence against women and girls (VAWG). This in turn is informed by the Government commissioned review on the sexualisation of young people (Feb 2010).The above is to be superseded by the new Governments document ‘prevent violence against women’.

Unable to comment. Not a matter for this committee or this policy.

None N/A YES

Section 4 – Policy and Procedures StatementStithians Parish Council (30)

28 Sept 2010

Para 4.2 Presumably it is not obligatory for CC to adopt this bit of legislation? It could have left well alone? Yes. None N/A YES


08 Oct 2010

Para 4.2 Should start at ‘We recognise…. Noted. Not agreed. None N/A YES


08 Oct 2010

Para 4.3. New section:

‘The Council does not take a moral stance when examining each application.’

Not agreed. The policy is intended to set out clear and concise guidance, procedure and principals for the benefit of the Licensing Authority, the community, applicants and other relevant

None N/A YES

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organisations. Therefore the policy contains no moral stance.

Section 5 – Types of Sex EstablishmentStithians Parish Council (30)

28 Sept 2010

Para 5.1 There may be three types of sex establishment being regulated but why are not brothels being regulated? That is where regulation is needed as much for the workers as the customers benefit. Why is that left out?

This is a matter for Central Government. Brothels not part of the primary legislation; therefore the Licensing Authority has no jurisdiction to regulate.

None N/A YES

Section 5.3 – Sex ShopStithians Parish Council (30)

28 Sept 2010

(3) (a). On this definition, all pharmacies should also be classed as sex shops if they supply Viagara and similar products and condoms? If condoms are included then every toilet with a condom machine would be included.

The consultee has missed the key phrase of “significant degree”. The type of premises referred to in this comment clearly would not sell the items stated to a “significant degree” in relation to the rest of the operation of the business.

None N/A YES


28 Sept 2010

(4)(b)(ii) Does this thereby include publications put out by plumbers selling toilet fittings? Comment not understood.

None N/A YES

Section 5.4 –Sex CinemaMs B – Newquay (24b)

27 Sept 2010

I read the criteria for a sex establishment requiring a licence but I’m not sure what would exclude a sex establishment from running as a sex establishment without a licence. Sex establishment licensing (5).

This is detailed in the policy at Section 5. In relation to Sex Shops the key phrasing is “Significant Degree “ and any premises wishing to operate as a Sex Shop without the benefit of a licence would have

None N/A YES

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to prove that articles defined in that section are not sold/hired/exchanged/lent/displayed or demonstrated to a “significant degree”.


28 Sept 2010

5 (1) Contains the statement;” but does not include a dwelling-house to which the public is not admitted.” Does the same not apply to sex shops then? If not why not?

This comment is in relation to 5.4 (1). This is an extract from the legislation in relation to Sex Cinemas.

None N/A YES

Section 5.5 –Sexual Entertainment VenueMs B – Newquay (65)

16 Oct 2010

I do not understand the once a month allowance as outlined in 5.5 3(b), so I'm not sure how many other members of the public do either. The language is very legal, and not plain English at all. - Please can you explain this.

This is an extract from the legislation in relation to Sexual Entertainment Venues – hence it’s legal language. Basically it means someone can hold this type of entertainment 11 times a year as long as the event lasts for no longer 24 hours and a month has passed between each event.

None N/A YES


28 Sept 2010

Page 9 has a statement that items 4 to 12 are related to other matters and are therefore excluded. What other matters? How can we comment on a policy a big chunk of which is not revealed?

This is an extract from the legislation in relation to Sexual Entertainment Venues. Sections 4-12 refer to the Secretary of State’s powers to make amendments to the legislation, which it is not felt necessary to include in relation

None N/A YES

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to the definition of a Sexual Entertainment Venue. This legislation is for information only and not open for comment.


28 Sept 2010

2A(1) Surely this should read live entertainment before an audience. We can surely assume that most audiences are live and that if they were not they would be unlikely to pay for being entertained?

This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment.

None N/A YES


28 Sept 2010

2A(2) The definition here seems very broad. People get sexual stimulation from a wide variety of sources. Look at some of the court cases over the years. Was it a judge or Cabinet Minister who was stimulated by partial hanging and it went a bit far and he died?


None N/A YES


28 Sept 2010

3B(1) This is quite a loophole. The premises licence business allows that each room in a premises is separate so if you had five rooms and did 11 shows a year in each that would be 55 shows a year and no worries about a licence? Perhaps the intention to regulate is not that strong?


None N/A YES


28 Sept 2010

3C What is the relevant National Authority? Needs to be stated. This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment. However for information the relevant national

None N/A YES

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authority is the Secretary of State.8484


28 Sept 2010

4 to 12 What other matters? If this is a policy document on regulation of sex premises we must see the whole document. How can we come to an informed position without half the document?

This is an extract from the legislation in relation to Sexual Entertainment Venues. Sections 4-12 refer to the Secretary of State’s powers to make amendments to the legislation, which it is not felt necessary to include in relation to the definition of a Sexual Entertainment Venue. This legislation is for information only and not open for comment.

None N/A YES


28 Sept 2010

14. Why is nudity being regulated? Surely what is being regulated here is sexual entertainment? Not nudity? Nudity and sexual entertainment surely are not necessarily the same things?


None N/A YES


10 Oct 2010

As you will be aware, this exemption means that establishments hosting lap dancing less than 12 times in a year do not require an SEV licence or even a temporary event notice. We are extremely concerned about this exemption because you will have no powers to prevent these performances from occurring or place any conditions or controls on them. Yet venues hosting lap dancing less than once a month are less likely to have facilities and procedures in place to protect the safety of performers – such as a separate changing room, CCTV and security. The safety of the performers is thus put at risk by this exemption.

We therefore ask you to attempt to monitor performances that are staged under the frequency exemption and to convey your experiences of this back to the Government.

This is crucial because the power to amend or repeal the frequency exemption was included in the Policing and Crime Act 2009 in recognition of the fact that the frequency exemption could prove problematic for local authorities.

Noted. However this is an exemption to what the Licensing Authority is permitted to regulate and therefore we have no control, other than by other legislation and that is not a matter for this policy.

None N/A YES

Local Safeguardin

20 Oct 2010

3b(iii) Does the ‘month’ apply to 28 days (thereby 4 weeks) or a calendar month (thereby 28-31 days? One calendar month. The

None N/A YES

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g Children Board (109)

legislation would have to specifically define 28 days as the period, if it had intended it to be otherwise.

Local Safeguarding Children Board (109)

20 Oct 2010

14 Would suggest this should read: “audience” includes an audience of one or more; This is an extract from the legislation in relation to Sexual Entertainment Venues. This legislation is for information only and not open for comment.

None N/A YES

Section 6 – WaiversMrs C – Truro (142)

21 Oct 2010

Para 6. Waivers to any licences should be consulted upon both at Parish level and with the local Cornwall Council elected members.


None N/A YES

Ms R – Newquay (65)

16 Oct 2010

I support the no waiver policy as outlined in 6.2 and think it is really good. Noted. None N/A YES


28 Sept 2010

6.2 Surely the mechanism to cover the temporary transfer of a business would be the temporary transfer of the relevant licence?

Transfer of licence only relates to transferring an existing licence from one named person (i.e. the licence holder) to another and not in relation to the temporary relocation of a business.

None N/A YES

Miss P – 08 Oct Para 6.3. Clarification: Does this mean that premises offering “relevant entertainment on an infrequent Yes they would None N/A YES

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Bodmin (122)

2010 basis…” will have to hold a licence surely they would? require a licence which authorises the performance of dance, but this is under the Licensing Act 2003 which relates to the licensing of alcohol, late night refreshment and regulated entertainment.

Cornwall Councillor - Looe & St Martins Ward (25)

28 Sept 2010

Para 6.1 to 6.3. No waivers should be permitted, would lead to establishments being set up in unsuitable premises and locations.

Every case would be judged on its own merits. The policy states that generally waivers would not be permitted. To exclude the ability to apply for a waiver under exceptional circumstances could affect an existing licence holder’s human rights, hence individual consideration.

None N/A YES


20 Oct 2010

Para 6 - No waivers should be granted without consultation with the Parish Council and elected Cornwall Councillor(s).


None N/A YES


20 Oct 2010

6.3 Does the ‘month’ apply to 28 days (thereby 4 weeks) or a calendar month (thereby 28-31 days? One calendar month. The legislation would have to specifically define 28 days as

None N/A YES

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the period, if it had intended it to be otherwise.

Section 7 – Application ProcessMrs C – Truro (142)

21 Oct 2010

Para 7. All sex establishment licensing applications should be forwarded to the relevant Parish Council for consultation together with any waiver or variation to the licence.


None N/A YES


20 Oct 2010

Para 7 - We would ask that, without exception all sex establishment licensing applications relating to premises within Truro be forwarded to Truro City Council for consultation and consideration which would include applications to waive the requirement for a sex establishment licence and variations to the licence. Given that the time-limit for lodging objections is relatively short, the policy should stipulate that applications will be forwarded within two working days of receipt by Cornwall Council.


None N/A YES


28 Sept 2010

7.1 Applicants have to copy their applications to the Police. Why are Parish Councils not obligatory consultees as well? They should be. We have fought this over the premises licensing for years!

This is prescribed by the primary legislation and is a matter for central government.

None N/A YES


28 Sept 2010

7.2 Applicants must state their age. Are there max and min ages? If so please specify. Otherwise the age is irrelevant and should not be required information. To require it could lead to allegations of discrimination on age.

No maximum age. Minimum age requirement is 18 years old.

None N/A YES


28 Sept 2010

7.5 What does no meeting of customers mean? They have to be behind curtains? Noted. This is now Section 7.6 of the policy and has been amended to

Yes YES

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read: “no meeting customers outside of the licensed premises for any purpose”


21 Oct 2010

Para 7.5 It is essential that applicants submit a copy of their “House Rules” and that frequent unannounced inspections take place during the year. I would, therefore, hope that this paragraph be re-written.

Noted. It is a requirement that House Rules are submitted with the application. Not agreed.

None N/A YES


20 Oct 2010

Para 7.5 - We welcome para. 7.5 “Applicants for Sexual Entertainment Venues must also submit a copy of their “House Rules” but without enforcement it is unlikely to happen. We further believe it is impossible for the Council to know whether these rules are being followed unless it maintains a regime of frequent, unannounced inspections. Given the publicity about the coercion of female dancers and the illegal activities that can apparently take place in such venues enforcement is clearly very important if the council is to fulfil its obligations, including its safeguarding issues (cf para. 11.5 on "Protection of Children and Vulnerable Persons from Harm") We feel therefore that Para. l6.3 should therefore be amended to make clear that unannounced inspections and "secret shopper "inspections will take place at least three times a year in all Sexual Entertainment Venues. We would ask that 7.6 be strengthened to read “The Licensing Service WILL... visit the locality of the premises.

Premises will be subject to standard enforcement inspections which are carried out on a risk rated basis. The frequency of any inspections will vary from premises to premises depending on the individual risk rating and therefore a minimum limit will not be applied.

Undercover enforcement would require to be intelligence based, i.e. that breaches are suspected, and are subject to specific regulation.

7.6 – not agreed. Such visits are dependent on officers’ level of knowledge of individual localities. Such visits may therefore not be required.

None N/A YES

Stithians 28 Sept 7.6 You need to specify what characteristics of the locality means. From the document so far one of the Sections 9.3 and None N/A YES

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Parish Council (30)

2010 criteria might be how many other similar establishments there are? The document subsequently alludes to schools, nursing homes and other establishments but gives no comment on how the presence of these will be related to a decision on a licence for a sex establishment.

11 provide this information.


21 Oct 2010

Para 7.7. It needs to be clarified that the “local” people must refer to the area in which the establishment applying to open and not “local” to the applicant.

No reference to people in section 7.7. Legislation prescribes that the applicant must publish an advertisement in a local newspaper circulated in the Authority’s area within 7 days of submitting their application for a Sex Establishment Licence.

None N/A YES


20 Oct 2010

Para 7.7 page 11 – It is not clear if the local newspaper “local” to the applicant or “local” to the location? Para. 3.13 of the Home Office publication "Sexual Entertainment Venues - Guidance for England and Wales" (the Home Office guidance") makes clear that it is "a local newspaper that is circulated in the local authority area." This should be stated in para. 7.7

Noted. Legislation prescribes that the applicant must publish an advertisement in a local newspaper circulated in the Authority’s area within 7 days of submitting their application for a Sex Establishment Licence. Section will be amended to provide clarification.

Section 7.7 of the consultation policy amended to read “Applicants (other than applicants for variation of licence) must also give public notice of the application by publishing an advertisement in a local newspaper which circulates in the area of the Licensing Authority to which the application has been submitted.” Note this item is now 7.8 of the current version.

YES YES

No details provided (133)

19 Oct 2010

Para 7.7. The Licensing Authority should stipulate that notice of application be published in well read local newspapers – suggesting both the West Briton, the Truro edition of the Packet, and the size and prominence to be stipulated by the authority to ensure that adequate attention is drawn to the public.

Legislation prescribes that the applicant must publish an advertisement in a local newspaper

None N/A YES

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circulated in the Authority’s area within 7 days of submitting their application for a Sex Establishment Licence. The Authority is not able to stipulate which newspaper should be used. The term “local” however does prohibit advertisement in a national newspaper.


20 Oct 2010

7.9 Would suggest this should read: ‘for the renewal of a sex establishment licence’Also, should there be a time limit as to how long past the expiry date the premises can still operate. For example, if the renewal application is not submitted until two days from expiry of the previous licence, or is not granted and is subject to appeal, the premises could still be operating 2-3 months or later. Surely this should be discouraged.

Noted and agreed.

The Authority has a target determination time of 12 weeks from the date of submission of the application.

“of” inserted as per suggestion. This is item 7.10 due to other amendments to the policy.

Yes YES


21 Oct 2010

Para 7.9. Renewal notices should be notified to the Town/Parish Council as soon as is practicable. Noted. Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority.

None N/A YES


20 Oct 2010

Renewal notices referred to in 7.9 should be notified to the local Parish or Town Council within two working days.

Noted. Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence

None N/A YES

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applications on its website. There will be no individual consultation with any party by the Licensing Authority.


28 Sept 2010

7.9 So if the licensing authority are not too swift this might carry on for a good while? Surely a time limit should be set here? That might concentrate the minds of the Licensing Authority a bit as well?

The Authority has a target determination time of 12 weeks from the date of submission of the application.

None N/A YES


28 Sept 2010

There is a requirement that establishments provide House Rules but no guidance as to what these should address.There is a bizarre provision that any change to the conditions or standards made in the policy will automatically apply to all licences already issued. This surely contravenes the undertaking that every case is judged on its merits? It also fails on the basis that requirements are made public in advance, never mind that about being transparent and accessible.

Section 7.5 of the policy DOES provide guidance as to the matters that should be addressed in the House Rules.

Standard conditions would apply to all; unless an applicant is able to give extenuating reasons why certain conditions should mot apply to them. If the committee decide to detract from the standard conditions then reasons will be given for this.

None N/A YES

Section 8 – Commenting on Licence ApplicationsMrs C – Truro (142)

21 Oct 2010

I would thank you for making a copy of the above document available to me and also organising the consultation day at County Hall. I have spoken to many people about the consultation and nobody has heard anything about it and neither did they know about the day at County Hall. I think it must be remembered that there are a considerable number of people who do nor own a computer, many who find it difficult to fine “their way around” the Cornwall Council web site and many older people who cannot afford to buy the weekly local paper. These people are becoming increasingly isolated. Furthermore there are those who wish to respond but who find it difficult to understand why they cannot object on moral grounds to applications of this kind and are restricted to what they consider to be complicated clauses of the Act. I have a considerable amount of sympathy for this point of view especially under the heading Consultation with Local People Clause 2.18 (page 11) I do, therefore, feel I have to question as to whether the Council can consider to have been “fair and meaningful” in its consultation.

With regard to consultation, this has been carried out as widely as possible; press releases were issued which were taken up by local media, in addition to the information on the Council’s

None N/A YES

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When the result of the recent Sex Shop application hearing became known there was just a feeling of total disbelief and that the elected Councillors on the Miscellaneous Licensing Committee had completely ignored the strength of feeling of “local people” especially when the Mayor of Truro had spoken on behalf of the Council and three of the elected members on Cornwall Council elected by the people of Truro stated their objections. Most people now feel that they are just wasting their time and that those consultations are nothing more than an exercise in “ticking” the box. It is therefore essential that the matter of “consultation” is revisited and that when responses are received they are actually taken seriously. Most people find responding to complex documents very onerous and difficult especially when they are aware that their response is to be published for all the world to read. Many of the aspects of the 2003 Act were a disaster for local communities and that became evident from the informed responses made by local people from Newquay. In my opinion, many of the problems would not have arisen if the Parish/Town Councils had continued to be consulted and that provision was still available for objections at the Magistrates Court. Even worse is the matter that neither the Parish Council nor the community can object to a rowdy late night establishment as the “objectors” have to live in the “vicinity” – like the house next door!

website. Numerous bodies, including Town, Parish & City Councils were contacted directly. A full list of consultees is contained within the report to the Committee and available on the council’s website or will be available upon request to the Licensing Service.

Unable to locate “clause 2.18 on page 11”.

With regard to moral grounds this is covered by the legislation regarding matters that may and may not be considered when determining applications for Sex Establishments.

The identities of those who have submitted consultation responses have been removed.

Other comments relate to individual applications or other legislation and are not in relation to this policy.


21 Oct 2010

Para 8.1. It is essential that Parish/Town Councils should be consulted on all Licences whether it be alcohol, gambling or entertainment.

Noted. Comment partially not in relation to this

None N/A YES

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policy. Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority.


20 Oct 2010

Para. 8.1 Truro City Council expects to be consulted ON ALL LICENCES whether it be alcohol, entertainment or gambling. We are elected by the people and expect to know what proposals are being considered within the City.

Noted. Comment partially not in relation to this policy. Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority.

None N/A YES


08 Oct 2010

Para. 8.2 Publication on Council website – Good! Noted. None N/A YES


21 Oct 2010

Para 8.2 I find it strange that the recent application for a Sex Shop in Truro was not advertised on the Cornwall Council web site and yet every opportunity to become aware of any application that is being considered by the Cornwall Council in order that they may express a view on the matter.

This comment relates to a recent application and is not a comment on the policy.

None N/A YES


28 Sept 2010

Para 8.2. The application should be advertised in local papers, as not all residents have access to computers.

Legislation prescribes that the applicant must publish an advertisement in a local newspaper circulated in the Authority’s area

None N/A YES

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within 7 days of submitting their application for a Sex Establishment Licence. This is detailed at 7.7 of the policy document consulted upon (note this is now 7.8 of the latest draft).

It is the applicants’ duty to do this, not the Council.


20 Oct 2010

Para. 8.2. We welcome this development and we would also ask that the application for these licenses are also published on the Cornwall Council web site. "However, in order to give local people maximum opportunity to take advantage of their statutory right to object with 28 days, all applications must be published online within one working day of receipt by Cornwall Council.

8.2 already states that current applications will be published on the Council’s website.

Due to operational constraints they will be published as soon as reasonably practicable.

None N/A YES


16 Oct 2010

I am not sure that the option for Objection as outlined in 8.3 will be effective for local residents of they - are not aware of it, or cannot undertstand its limits. It will be difficult to have a voice of you are not sure how to express that voice. Please consider how residents will be made aware of this right, and how they will be helped to use this right effectively.

Noted. Potential objectors can contact the licensing service or advice on making an objection.

None N/A YES


28 Sept 2010

8.2 This is very thoughtful of them. Why then are they so reluctant to publicise premises licence applications in the same way? Does this suggest that CC is more interested in getting consultation responses on applications for sex premises licenses than for ordinary premises licences?

Comment not in relation to this policy, however relevant Licensing Act 2003 applications are published on the Council’s website and have been since October 2009. All Town and Parish Councils were made aware of this when this facility was launched.

None N/A YES

Stithians 28 Sept 8.3 What are the other grounds? If you want an informed opinion you must give us all the information. Only Other grounds None N/A YES

28 of 128

Parish Council (30)

2010 giving us the bits of information someone at County Hall selects is manipulation of the consultation and must not be allowed!

relate to the Police.

This policy has not been prepared by anybody situated at County Hall.


08 Oct 2010

Para 8.3. “Inappropriate, having regard to the character….” This must be adhered to! It is part of the Act! Somehow – at the sex shop licence hearing on 27/8/10 – the character of the relevant locality was turned into a moral objection, thus nullifying this basis for objection. Maybe I didn’t understand fully. The very slick arguments of the applicant, but it was extraordinary to me that the Committee could not refuse the licence on the grounds that it was next to a schools outfitters. Objections on the grounds of the characteristics of the relevant locality, as set out under 11.1 must be accepted. This surely was the intention of Parliament.

Comment mainly relates to specific application previously determined. Relevant part noted.

None N/A YES

Ms B (115) 20 Oct 2010

Para 8.3. The following sentence in item 8.3. should be deleted- Any objections received by the Licensing Authority which do not relate to the grounds set out in the Act must be rejected by the Licensing Service. Where objections are rejected, the objector will be given written reasons.Reason:It should be up to the Licensing Committee to determine what is or is not a relevant objection. The idea of the change is to allow local people more of a say and not to have their objections ruled out at an early stage by Licensing Officers.

The Licensing Service has delegated authority to deal with such matters.

None N/A YES


20 Oct 2010

8.4 Will elected Cornwall Councillors representing interested parties be confined to their electoral area or does this mean that a councillor from the East of the county can represent interested parties in the west. If so, this would be an unfair advantage on the part of the interested parties and disproportionately detrimental to the applicant.

The Licensing Authority is not aware of any reason why a Cornish resident shouldn’t approach a Cornwall Councillor (other than a member of Miscellaneous Licensing Committee).

None N/A YES

Ms B (115) 20 Oct 2010

Item 8.4. should make it clear that the legislation in the Local Government (Miscellaneous Provisions) (LGMP) Act 1982 says that “any person” can object. Item 8.4 gives the wrong impression that this includes only those groups mentioned and not individual persons. It does not even mention churches. The LGMP Act 1982 is supposed to be much wider than the Licensing Act and this incorrectly gives the impression that the people who can object are much narrower. Reason:Similar reason to 8.3.

Item 8.1 states a wide range of people can raise objections. Item 8.4 mentions those groups specifically as many people are used to the restrictions of the Licensing Act 2003. This item only seeks to clarify that point for organisations and indicate the type or organisations who may submit

None N/A YES

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representations. It would be impossible to list all persons or organisations that can make representations.

Ms B – Newquay (24b)

27 Sept 2010

8.3 and 8.5 seem a bit contradictory and I'm not sure that I'm entitled to object on these grounds, but please consider this an objection anyway

Comment not understood.

None N/A YES


28 Sept 2010

Para 8.4. Where a local councillor sits on the licensing committee a resident may be represented by a councillor from the adjoining ward.

Noted. The Licensing Authority is not aware of any reason why a Cornish resident shouldn’t approach a Cornwall Councillor (other than a member of Miscellaneous Licensing Committee).

None N/A YES


28 Sept 2010

8.4 Councillors and MPs may raise objections, what about Councils? That is Parish and Town Councils? Our function is representation of the people so why are we denied the opportunity to exercise our democratic function?

Yes they can, however it should be borne in mind that they represent the view of the members of their parish or town as a whole and a representation may not reflect the views of all of their residents.

None N/A YES


28 Sept 2010

8.5 This is too subjective. What might be considered vexatious by one officer may not be considered vexatious by another. If you must do this then you must set out guidance.

This is set out at item 8.6

None N/A YES

Ms B (115) 20 Oct 2010

Delete items 8.5, 8.6 and 8.7.Reason:The policy should be written to encourage local people to have a say. The Committee itself could determine the finer points mentioned here. There are too many rules in the policy to prevent people objecting. The Home Office guidance on sexual entertainment venues makes it clear that the idea is to let local people have more of a say.

Not agreed.

Case law & legislation restricts objectors addressing the Committee. However discretion has been built into the hearing procedure for such applications for the Chair to allow

None N/A YES

30 of 128

objectors to speak on relevant matters. The Committee and the applicant are not permitted to ask questions of the objectors. The Hearing Procedure is now contained within the policy as Appendix A.


28 Sept 2010

8.6 Still too vague and subjective. Merely making the same objection to a lot of applications does not necessarily make it vexatious even though it may be repetitious.

This is not what this section means – repetition in this instance is the same person making the same objection to the same premises application (i.e. grant and each renewal) time after time. If there are no new grounds for objection and the Committee has already considered this objection then it is a repetitive objection.

None N/A YES


21 Oct 2010

Para 8.7 As stated earlier in my response there has to be a total “rethink” as to how such licences are determined in the public arena.

Case law & legislation restricts objectors addressing the Committee. However discretion has been built into the hearing procedure for such applications for the Chair to allow objectors to speak on relevant matters. The Committee and the applicant are not permitted to ask questions of the objectors. The Hearing Procedure

None N/A YES

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is now contained within the policy as Appendix A.

Mr B – St Austell (125)

12 Oct 2010

That all forms of objection both by letter and petition on the grounds of locality suitability should be allowed. I strongly believe that the scope of the persons objecting should not only include those within the immediate area of the premises applying for the licence (due to their vested interest) but that this interest be widened to include all those proven to reside in the County. These issues are surely not minor local issues but for concerned parties in all the county and as such they should have a say.

There is no reference to petitions in the policy.

There are no stipulations in similar terms to the Licensing Act 2003 as to who may submit a representation. The policy makes no reference to restrictions.

8.8 A Paragraph has been included to provide information regarding submission of petitions as follows: “Petitions must clearly state the name and address of the premises application being objected to. The full objection that people are signing to say they agree with must be at the top of the petition. The objection must be in line with the requirements of the legislation (as detailed above). The names and addresses of those signing the petition should be provided and should be legible, together with a signature.

The Licensing Authority must be confident that those signing the petition were

YES YES

32 of 128

aware what they were signing for; so in the interest of clarity for those signing best practice would be to have the objection at the top of each page, especially where several people are involved in collecting signatures.”


08 Oct 2010

Para 8.7. “An equal opportunity” – Not so on 27/8/10, sex shop hearing. I trust the Chairman of the Committee will adhere to the new policy.

Case law & legislation restricts objectors addressing the Committee. However discretion has been built into the hearing procedure for such applications for the Chair to allow objectors to speak on relevant matters. The Committee and the applicant are not permitted to ask questions of the objectors. The Hearing Procedure is now contained within the policy as Appendix A.

None N/A YES


20 Oct 2010

Para. 8.7 - states “Applicants and objectors will be given an equalopportunity to state their case in accordance with the Miscellaneous Licensing Committees Code of Conduct ...”. Perhaps we could be furnished with a copy of this as the hearing on the 27th August, 2010 did not seem to comply with the above statement. "We welcome para. 92 which states that 11 applications will be referred to the Miscellaneous Licensing Committee for a hearing if objections have been received or if there are "concerns regarding the characteristics of the locality" In order to more accurately reflect the legal framework, this should say "the characteristics of the locality or the use to which other premises in the vicinity are put" (see para. 9.3, bullet point 4).

Case law & legislation restricts objectors addressing the Committee. However discretion has been built into the hearing procedure for such applications for the Chair to allow objectors to speak

None N/A YES

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on relevant matters. The Committee and the applicant are not permitted to ask questions of the objectors. The Hearing Procedure is now contained within the policy as Appendix A.

Ms B (115) 20 Oct 2010

Para 8.8. Delete this sentence: the proximity of the premises to the person making the objection; a sketch map or plan may

be helpful to show this

Reason:The Licensing Act measure of being in the vicinity of the premises is not relevant to the LPMG Act 1982. In addition this is making it too technical for ordinary people to object.

the reasons for making the objections, which are clearly set out in relation to the grounds for refusal (as stated at 6.2 above).

Delete the above sentence after the word objections.

ReasonTo simplify the requirements and 6.2. above appears irrelevant.

Disagree.

8.8: this assists the Committee to assess the direct impact of any premises upon an objector.

This is a typographical error - 6.2 should read 8.3.

6.2 amended to 8.3

YES YES


08 Oct 2010

Para 8.8. “The proximity of the premises to the person making the objection….” Please make it clear that anyone using a city/town as a shopping centre or for business has an interest in the application. Truro, of course, belongs to the whole of Cornwall – a shopping and cultural centre, everyone in the Cornwall Council area should have the right to object.

8.8: this assists the Committee to assess the direct impact of any premises upon an objector. Any person may make a representation.

None N/A YES


28 Sept 2010

8.8. Does this imply that objections may only be made by people who live within some subjectively determined proximity to a premises? That would be inappropriate and must not be included in the policy..


None N/A YES


28 Sept 2010

8.8. Section 6.2 refers to waivers and the Authority considering it inappropriate to grant such. No grounds for refusal seem to be included in this document so far. Thus section 8.8 is in error. Para 6.2 refers to other matters not grounds for refusal.

This is a typographical error - 6.2 should read 8.3.

6.2 amended to 8.3

N/A YES


28 Sept 2010

The document is incomplete. It states on page 11 para 8.8 that the grounds for refusal are made at para 6.2. Para 6.2 does not state the grounds for refusal it refers to other matters. The grounds for refusal seem not to be included anywhere.

The document in not incomplete. This is a typographical error - 6.2 should read 8.3.

6.2 amended to 8.3

N/A YES

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Additional grounds for refusal are stated in section 9.3

Mrs S – Gorran Haven (138)

20 Oct 2010

“the proximity of the premises to the person making the objection”.. I consider that anyone living anywhere in Cornwall, should have equal rights - we are all concerned about what goes on in the town we visit, especially a special centre like Truro (or Bodmin, St Austell etc).


None N/A YES


20 Oct 2010

As Truro City Council we are being consulted as to our views on the following types of Sex Establishments:Sex shopsSex cinemaSexual Entertainment Venue

We would ask that, without exception all applications for the three categories listed above be forwarded to the Truro City Council for consultation and consideration which would include applications to waive the requirement for a sex establishment licence and variations to the licence.

The consultation was in relation to the policy and not to the types of Sex Establishments to be regulated as that is prescribed in law.

Legislation defines who must be consulted. However the council will provide information regarding Sex Establishment Licence applications on its website. There will be no individual consultation with any party by the Licensing Authority.

None N/A YES

Section 9 – Determination of ApplicationsStithians Parish Council (30)

28 Sept 2010

9.1. Hopefully the grounds for revocation of a licence are shown further along in the document? Policy has been amended to include information regarding revocation of licences.

Current version of policy – New Item 9.10 inserted “Revocation of Licence

The Licensing Authority is given jurisdiction to revoke a sex establishment

YES YES

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licence by virtue of Schedule 3 paragraph 17(1) of the Local Government (Miscellaneous Provisions) Act 1982.

The Licensing Authority may call a hearing, without requiring a third party to request such a hearing, and give the licence holder an opportunity to appear before them.

The Licensing Authority may revoke the licence on any of the mandatory grounds which are detailed at 9.1 (above) or in respect of the first two grounds detailed at section 9.3 (above), namely that the licence holder is unsuitable or that the manager or beneficiary of the licence is unsuitable.

Should the Licensing

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Authority revoke a Sex Establishment licence then full reasons for the revocation would be provided to the licence holder within 7 days of the decision.

Revocation of a Sex Establishment licence would disqualify the licence holder from holding or obtaining another Sex Establishment licence in the Licensing Authority’s area for a period of 12 months. However this does not prevent the licence holder from holding a licence in another Licensing Authority’s area.”

Item 9.11 amended to read “The Licensing Authority will, unless there are exceptional reasons otherwise, grant licences for the maximum duration of one

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year to provide certainty to those operating businesses, unless the licence is revoked during this period.”

Item 9.12 amended to read “If an application is refused, or revoked, following a hearing, then the applicant will be informed of the decision and whether there is any right of appeal.”

Rest of item remains unchanged.


28 Sept 2010

9.1. If a refusal was reversed on appeal it is not a refusal? This wording is taken directly from Schedule 3 paragraph 12(1)(e) of the Local Government (Miscellaneous Provisions) Act 1982

None N/A YES


28 Sept 2010

9.1. Surely these are not grounds but conditions? This wording is taken directly from Schedule 3 paragraph 12(1)(e) of the Local Government (Miscellaneous Provisions) Act 1982

None N/A YES

Ms B (115) 20 Oct 2010

In item 9.2. delete the reference to “statutory” grounds, the word statutory is off putting for ordinary objectors and there is a general impression being given in this item and the rest of the policy that objections are not welcome and may be ruled out before they even reach Committee stage. This is unfair because it will stop the local community having a proper say, which they should be entitled to do so at the

Not agreed. There are statutory grounds for refusal and these need to

None N/A YES

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Committee stage. The policy should be written in user friendly language which welcomes objections which will be considered fully at Committee stage.

be identified as opposed to general grounds submitted which are not relevant.


20 Oct 2010

9.3 First bullet point: It should be made clear what convictions apply e.g. someone convicted of driving without due care and attention would not necessarily be incompetent to run an establishment of this nature. However, someone who has been convicted of offences relating to sex or violence may present a significant risk to those employed at or are patrons of the premises.

This wording is taken directly from Schedule 3 paragraph 12(3) of the Local Government (Miscellaneous Provisions) Act 1982

None N/A YES


21 Oct 2010

Para 9.3. I am greatly concerned about “locality” – “zero capping” “zoning “ whatever one cares to call it. I cannot understand the Home Office being able to categorize say Redruth with Bristol. I would appreciate far more information in how Cornwall Council hopes to resolve this matter. It is extremely important and I shall be glad to have a conversation before any decision is made, especially as far as Truro is concerned.

I have listed (in the main response document) my main concerns but would value a further discussion on “zoning” etc.

Noted. None N/A YES


28 Sept 2010

9.3. ‘Ór for any other reason’ this is too broad and could be challenged in court This wording is taken directly from Schedule 3 paragraph 12(3) of the Local Government (Miscellaneous Provisions) Act 1982

None N/A YES


28 Sept 2010

9.3. That the applicant is a front man. How do you prove this? What about corporate bodies like companies? Also further down the rules allow for the designation of a manager. How does this square here?

Not a matter for the Licensing Authority to prove – this would be likely to be the subject of a representation from the Police. They would have to provide adequate evidence for the Committee to consider.

None N/A YES


28 Sept 2010

9.3. That the grant of a licence would exceed the number of establishments the authority consider appropriate for the locality. This is subjective. The authority either needs to specify a number or lay down criteria for establishing the appropriate number. Otherwise such subjective decisions can be subject to judicial review. The note at the foot of the page does not say if guidance is provided or not. Hopefully it is further down.

This wording is taken directly from Schedule 3 paragraph 12(3) of the Local Government (Miscellaneous Provisions) Act 1982.

None N/A YES

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The subject of numerical limits is detailed at 11.2 of the policy consulted upon. Should any numerical limits be set by the authority they will be contained in Appendix F of the policy.


28 Sept 2010

9.3. Transfer can only be refused on the first two bullet points. OK, so get a licence in one area and then transfer it to somewhere else regardless of the character, number of establishments etc? Surely this is a loophole?

Transfer of licence only relates to transferring an existing licence from one named person (i.e. the licence holder) to another and not in relation to the relocation of a business.

None N/A YES


20 Oct 2010

Para. 9.3 - Bullet point 3 which deals with numerical limits to be imposed on the number of licensed sex establishments within specific localities in the County. This matter is also dealt with on page l5 para.11.1. A locality cannot be the whole county. The Home Office say it cannot be the whole of any particular town or city, although licensing officials say they have seen case law which suggests otherwise. It seems the question being asked by the Council which areas within the County may be subject to such a numerical limit: more specifically streets or sectors within areas. The draft policy(page l5 para.11.1) says that when considering the characteristics of a locality the Licensing Authority shall particularly take account of the “density and proximity” of and then it lists 1-6. The policy should be firmer than this. It should state that localities within 250m of schools/nurseries/ creches etc. parks/childrens play areas, residential accommodation or religious/community buildings should have a zero limit. Case law has also held that a local authority may refuse a sex establishment licence on the grounds that the character of the locality is a family shopping area” This too could be grounds for designating a locality with a limit of “Nil”.

This has never been said by licensing officials.

Numerical limits and characteristics of a locality (page 15 para 11.1 are two separate matters, although matters for consideration to adopt a numerical limit in any area do take into consideration matters contained within 11.1.

Relevant localities with regard to characteristics should be considered in relation to each individual application and

None N/A YES

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therefore it is difficult to specify certain “ranges” as there may be no relevant types of facilities in a 250m range of a premises subject to application, however there could be numerous relevant types of facilities 300m away. Would this mean they should not be considered – clearly not. Furthermore a relevant type of premises may not be within close proximity to a premises which is the subject of an application, however the street on which that premises is located may be the only access route to a relevant type of facility, and therefore the main thoroughfare, and this is a matter that can also be taken into consideration.

Ms B (115) 20 Oct 2010

This part of the policy in items 9.3, 9.4 and 11.2 should be changed as there is no need to have any policy, the legislation itself could just be used. If you do have a policy the idea of the changes in the new regime are supposed to help objections to such applications not hinder them. This view is supported by paragraph 1.3 of the Home Office guidance in relation to sexual entertainment venues which states that:

Section 27 gives local authorities more powers to control the number and location of lap dancing clubs and similar venues in their area. These powers are not mandatory and will only apply where they are adopted by local authorities. Where adopted, these provisions will allow local authorities to refuse an application on potentially wider grounds than is permitted under the 2003 Act and will give local people a greater say over the regulation of lap dancing clubs and similar venues in their area. 1

There is therefore no need whatsoever for the Council to define a relevant locality or state the number

Item 9.3 is taken directly from Schedule 3 paragraph 12(3) of the Local Government (Miscellaneous Provisions) Act 1982.

9.4 ensures that it is clear to all

None N/A YES

1 See http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=23464 http://www.lacors.gov.uk/lacors/upload/24193.pdf

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http://www.lacors.gov.uk/lacors/upload/24193.pdf

http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=23464

which may be appropriate. It is recommended that item 11.2 is deleted and replaced by the same draft policy as Haringey Council which has listed all of the 19 wards in the Borough and has determined that the appropriate number is nil, as detailed in the following quote:

“3.4. The Council has considered the character of its wards and determined that the appropriate number of sex establishments for each ward is nil. I The Council’s vision is to achieve greener, cleaner, sustainable communities and neighbourhoods to enable a good quality of life for all. The Council’s “nil per ward policy” responds to this concern and in addition to the above is based on the following factors which justify this safeguarding step: It will not allow licences to be granted where the appropriate number is exceeded.”2

This type of policy would provide the most protection for Cornwall to achieve greener, cleaner, sustainable communities and neighbourhoods to enable a good quality of life for all. Alternatively, Cheshire East draft sexual entertainment policy which is in line with the legislation states that:

“..Paragraph 12 of Schedule 3 provides that a local authority may refuse an application if it is satisfied that the number of sex establishments in the relevant locality at the time the application is made is equal to or exceeds the number which the authority consider is appropriate for that locality. The Council does not seek within this policy to place a figure on the number of sexual entertainment venues which it considers appropriate in any locality within the Council‘s administrative area. Consideration will be given to the locality in each case and to the number of Sexual Entertainment Venues suitable for that locality. The Council is able to determine that the appropriate number for a locality is nil.”3

parties that there is no predetermination and that there is no policy in place likely to refuse one type of application over another.

This policy relates to all types of Sex Establishment applications, not merely Sexual Entertainment Venues.


28 Sept 2010

9.4. The authority will not apply a rigid rule. OK what about the numbers issue and the guidance on that? It seems dangerously subjective.

The Authority may specify numerical limits. However just because numerical limits have been specified for any individual area does not mean that the committee must maintain this limit rigidly. Should an applicant or objector provide good reason as to why a limit should not be adhered to then the committee may consider this accordingly, and choose to deviate

None N/A YES

2 See http://www.haringey.gov.uk/draft_sex_establishment_licensing_policy.pdf see paragraphs 3.2 to 3.4 Draft policy for sex establishments’ consultation between 30 September and 15 December 2010 for Haringey Borough. The Council of Haringey is made up of 57 councillors. Each of the 19 wards that make up the borough has three councillors, elected by residents of that ward every four years.http://www.haringey.gov.uk/index/council/decision-making.htm3 See http://www.cheshireeast.gov.uk/business/licensing/consultation_and_notices.aspx

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http://www.cheshireeast.gov.uk/business/licensing/consultation_and_notices.aspx

http://www.haringey.gov.uk/index/council/decision-making.htm

http://www.haringey.gov.uk/draft_sex_establishment_licensing_policy.pdf

from the policy. Any deviations from policy will be fully explained as part of the reasons for the decision. Therefore there is no bias.


28 Sept 2010

9.7. …a fine of 20 000 or revocation of the licence’? This is prescribed by legislation.

None N/A YES


28 Sept 2010

9.8. Surely this can’t be right. Changing the standard conditions which then apply retrospectively to all licences? That negates that every case is judged on its merits etc.

Standard conditions would apply to all licences, however when the application is determined the applicant could make submission as to why certain standard conditions should not apply to them.

It is a recommendation of the report that the Committee give consideration to existing licensed premises and the application of the standard conditions.

None N/A YES

Section 9.9 – Length of LicenceStithians Parish Council (30)

28 Sept 2010

9.9. One year seems a short term for such a licence when proprietors are expected to invest in modifying their premises etc to meet the conditions. Would three years not be a more reasonable term? It can always be revoked for non compliance.

Schedule 3 paragraph 9(1) of the Local Government (Miscellaneous Provisions) Act 1982 provides a maximum licence period of one year. The authority may grant a licence for a shorter period if it feels this appropriate. This

None N/A YES

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could be used in respect of exhibitions, etc.

Section 9.10 – Right to appeal a decisionStithians Parish Council (30)

28 Sept 2010

9.10. This implies that the right of appeal is also subjectively granted? A poor basis for a policy to work on. It is explained at item 9.1 that there is no appeal where a licence has not been granted due to the mandatory grounds for refusal; a hearing may not require to be held if an application is refused on these grounds. However where an application is determined following a hearing then there is usually a right to an appeal.

The right of appeal is not something that is “granted” – it is prescribed by the primary legislation.

None N/A YES


28 Sept 2010

9.10. A fee may be payable. More subjectivity. Who decides? The Magistrates courts decides if a fee is payable – the Licensing Authority has no control over this. Therefore the authority is merely advising as a matter of courtesy that a fee may be payable.

None N/A YES


20 Oct 2010

9.10 If the grant of a licence was refused, in the first instance, on the grounds of an applicant having held a conviction, surely the same should apply with the appeal as the conviction would still stand?Also, the first bullet point does not need to start with ‘that’ as it is used at the end of the previous line.

This is a matter for the courts and not the licensing authority – no relevant to the policy.

“that” –

None N/A YES

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amendment to policy has already been made by officers whilst correcting typographical errors.

Section 10 – FeesLocal Safeguarding Children Board (109)

20 Oct 2010

10.2 Would suggest the end of this paragraph could read: ‘refund of 25% of the application fee when it is established that any/all appeals have been dismissed.

This is lifted directly from the resolution of the minutes for the meeting stated.

However, this is a very valid point and we would request that the Committee consider this suggestion and consider adding this to the previous resolution.

Committee agreed on 10/11/10 to amend this item to add the following text to the existing item: “Refund of application fees is only permitted once and will only be made after the expiration of the appeal period, and only if an appeal has not been lodged. If an appeal is lodged refunds will only be made if the appellant is unsuccessful, officers will refund the appropriate proportionate element.”

N/A YES

Section 11 – Definitions & Guidance DocumentationSection 11.1 – Relevant LocalitiesNo details provided (133)

19 Oct 2010

Para 11.1 Any such establishment should be located where only non-casual customers would use it and normal daytime opening hours should be enforced by the licence. The establishment should not be open when young people from teenage upwards arrive in Truro for a night out.

Comment not relevant to section of policy.

None N/A YES

Mr B – St Austell (125)

12 Oct 2010

Para 11.1. That family shopping areas frequented by children and adjacent or nearby shops frequented by children such as newsagents and sweet shops be added to the list of ‘Relevant Localities’ when considering a licence. That the distance from such areas be stipulated say, 250 metres.

The policy says that it shall particularly take account of the types of facilities listed. The example given is

None N/A YES

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too broad to include in the policy. However, this would not prohibit an objector raising such issues and providing such detail.

Relevant localities with regard to characteristics should be considered in relation to each individual application and therefore it is difficult to specify certain “ranges” as there may be no relevant types of facilities in a 250m range of a premises subject to application, however there could be numerous relevant types of facilities 300m away. Would this mean they should not be considered – clearly not. Furthermore a relevant type of premises may not be within close proximity to a premises which is the subject of an application, however the street on which that premises is located may be the only access route to a relevant type of facility, and therefore the main thoroughfare, and

46 of 128

this is a matter that can also be taken into consideration.


08 Oct 2010

Para 11.1. “Density and proximity” too vague. Suggest : “The premises address must be within (?) 200 metres of (1), (2), (3), (4) or (possibly a new category) a shop or shops frequented by children”.

Relevant localities with regard to characteristics should be considered in relation to each individual application and therefore it is difficult to specify certain “ranges” as there may be no relevant types of facilities in a 250m range of a premises subject to application, however there could be numerous relevant types of facilities 300m away. Would this mean they should not be considered – clearly not. Furthermore a relevant type of premises may not be within close proximity to a premises which is the subject of an application, however the street on which that premises is located may be the only access route to a relevant type of facility, and therefore the main thoroughfare, and this is a matter that can also be taken into consideration.

None N/A YES

Cornwall Councillor - Looe & St

28 Sept 2010

Para 11.1. The Committee should also take account the main pedestrian routes to and from areas to those listed 1 – 6. All towns used as family holiday resorts.

As detailed above this would also be taken into

None N/A YES

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Martins Ward (25)

consideration if evidence is available to this effect.


20 Oct 2010

Para 11.1. I consider any locality in a town is unsuitable as young people wander through all the streets. Any sex shop should only be allowed hidden – well out in the country where a special unit is necessary. Also – In these days of internet sex shops in towns are totally unnecessary – people can shop privately ‘on-line’.

Noted. None N/A YES

Youth HA (1) 20 Aug 2010

11.1 States:- Relevant Localities

In considering the characteristics of a locality the Licensing Authority shall particularly take account of the density and proximity of:

(1) schools, nurseries, crèches and other similar educational or recreational facilities attended by

children,

(2) parks and children’s play areas, (3) residential and sheltered accommodation, (4) religious and community buildings, (5) alcohol or entertainment licensed premises,

(6) other retail units (and their uses).

YHA has 11 hostels in Cornwall

YHA objectives are:-

“To help all, especially young people of limited means, to a greater knowledge, love and care of the countryside, and appreciation of the cultural values of towns and cities, particularly by providing youth hostels or other accommodation for them in their travels, and thus to promote their health recreation and education.”

In these circumstances we are anxious to ensure that the proximity of any establishment is not close to any Youth Hostel in the interests of the safety and well being of young people staying at our hostels

We therefore ask that ‘Youth Hostels’ are added to the list of establishments specifically mentioned in Clause 11.1 of the policy rather than having to rely on the generality of clause 11.1 (1).

(1) Youth hostels would also be included by definition of being “other similar educational or recreational facilities attended by children. In terms of this legislation a child is any person who is under the age of 18.

However it is agreed that such an amendment could be made.

Policy amended to read “(1) schools, nurseries, crèches, youth hostels and other similar educational or recreational facilities attended by children,”

YES YES

Ms B (115) 20 Oct 2010

Item 11.1 on the preamble dealing with the character of the relevant locality states that:

In considering the characteristics of a locality the Licensing Authority shall particularly take account of the density and proximity of:

The words “density and proximity” in the above quote from item 11.1 unnecessarily fetter the Council’s discretion in making decisions based on the character of the relevant locality.

For example, Oxford City Council state as follows:

Comment noted, amendment not agreed,

None N/A YES

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Applications made for a Sexual Entertainment Venue Licence will not generally be deemed to be appropriate if the premises is near or in locations or areas containing any of the following:

The Cornwall policy could start with a similar preamble here which would allow the Council more decision making discretion on inappropriate localities.4


20 Oct 2010

11.1 (1) Does this also apply to people who run childminding business from their home addresses? It is not made clear here.

The licensing service has no way of knowing what businesses operate from individual’s home addresses unless they submit representations in relation to applications. Such premises are of a kind that would be taken into account.

None N/A YES

Saltash Town Council (4)

15 Sept 2010

Amend to read: In considering the characteristics of a locality the Licensing Authority will not grant permission to establishments within 100m of any:

(1) schools, nurseries, crèches and other similar educational or recreational facilities attended by children,

(2) parks and children’s play areas,

(3) residential and sheltered accommodation,

(4) religious and community buildings.

In considering the characteristics of a locality the Licensing Authority shall also particularly take account of the density and proximity of:

(5) alcohol or entertainment licensed premises,

(6) other retail units (and their uses).

Reason: We feel that ‘account of the density and proximity of’ these buildings is insufficiently clear and rigorous, particularly for areas relating to unaccompanied children.

Not agreed.

Relevant localities with regard to characteristics should be considered in relation to each individual application and therefore it is difficult to specify certain “ranges” as there may be no relevant types of facilities in a 250m range of a premises subject to application, however there could be numerous relevant types of facilities 300m away. Would this mean they should not be considered – clearly not. Furthermore a relevant type of premises may not be within close proximity to a

None N/A YES

4 See http://www.oxford.gov.uk/PageRender/decB/SexualEntertainmentVenueLicensing.htm

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http://www.oxford.gov.uk/PageRender/decB/SexualEntertainmentVenueLicensing.htm

premises which is the subject of an application, however the street on which that premises is located may be the only access route to a relevant type of facility, and therefore the main thoroughfare, and this is a matter that can also be taken into consideration.


08 Oct 2010

Replace opening para with:The council has determined that a sex establishment should not be located near to any of the following premises:

add ‘colleges’add ‘or any other area predominantly used by childrenYouth offending establishments, Criminal Courts and Justice establishmentsSexual Abuse Referral Centre (SARC) Rape Crisis Centre or any Domestic or sexual violence service premises.

Any access route to and from the above premises.

Add new sub sections: Historic Buildings or Tourist Attractions.

Any premises similar to the above (at the end of subsections).

It is not considered appropriate to define a distance to the above premises. Each application will be considered in the light of the surrounding area and consultation undertaken.

Not agreed.

Relevant localities with regard to characteristics should be considered in relation to each individual application.

We have included Youth hostels due to previous comment; however colleges are not always used only by children. Colleges would already be included by definition of being “other similar educational or recreational facilities attended by children.

The other types of premises listed are too specific to be included, particularly those which cannot be readily justified.

However objectors

None N/A YES

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may wish to include such types of buildings in their objection and these would be given appropriate consideration by the Miscellaneous Licensing committee.

Section 11.2 – Numerical LimitsMr B – St Austell (125)

12 Oct 2010

Para 11.1. That a rigorous policy of nil apply to such areas. That the authority would consider that ‘nil’ may often indeed be the numerical restriction in many inner city/town areas for all forms of ‘sex establishment’ especially given the criteria of 15. (11.1) above.

All submissions in respect of Numerical Limits were considered by the Miscellaneous Licensing Committee on 10 November 2010.

The Committee resolved not to set any numerical limits for any area of Cornwall in respect of any type of Sex Establishment Licence.

Please refer to the minutes of the meeting which will be available on the Council’s website.


20 Oct 2010

11.2 First paragraph – Very long sentence which could probably benefit from a comma after the words ‘locality’ and ‘made’ to facilitate easier reading without losing the sense of the sentence. Also, ‘the number’ is written twice, one after the other.


08 Oct 2010

Para 11.2. The main shopping centres of all our towns & our one city should have a nil limit. Specific streets? Carefully drawn up ,aps. All areas outside towns should also have a nil limit – rural nature of these areas (another ‘characteristic’) and difficulty policing such; close communities with families in our villages; inappropriate.

Mrs S – Newquay (141)

21 Oct 2010

Lap Dancing Consultation – I am writing to put my views forward on the above consultation with regard to Newquay. I would like to suggest that the number of licences allowed for this adult entertainment should be zero for the centre of Newquay. I would see this area as covering Fore Street to Henver Road and including all streets leading from those roads. The clubs are completely unsuitable in this little town and create an unsafe feeling for women here as well as for families who are both visiting and living locally. I am particularly concerned that children have to pass these premises on their own way to school, church, the beaches and the play areas as well as children’s clubs. Establishments currently holding licences are in close proximity to several churches, schools and meeting places for children’s activities. It is far from ideal to have impressionable children growing up with the notion that these clubs are a normal part of life.Visitors and local people alike often feel threatened by the presence of the clubs. I believe that Cornwall Council has a duty of care towards our young people and I believe that the only real option is to set a zero cap for such licences in central Newquay please.

Mrs E – Newquay (132)

24 Sept 2010 & 19 Oct 2010

Mrs E gave a verbal presentation at the forum held on 24 September 2010 and on 19 October 2010 submitted evidence and reports supporting the request for a zero cap of lap dancing licences in Newquay Central Ward.The following documents, which will be available for the Committee to view, are as follows:-

1. Copy of verbal presentation made to at the Forum on 24 September 2010.2. Map showing halls, churches, schools, nurseries, sheltered accommodation and parks and their

proximity to lap dancing clubs in the central ward. 3. Photographic and statistical evidence.4. Personal testimonies and DVD. 5. Petition “say no to lap dancing in Newquay” 6. On-line petition “say no to lap dancing in Newquay” including comments made on-line.7. Minutes of the meeting of Newquay Town Council Planning Committee Meeting held on 21 June

2010.8. Documents from Women’s Support Project, Amnesty International and Object.9. Strip Club Testimony by Kelly Holsopple.10.Object – The Truth anout Lap Dancing.

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11.London Metropolitan University – Profitable Exploits : Lap Dancing in the UK.12.Sexualisation of Young People by Dr Linda Papadopoulos.13.HM Government – Together we can end violence against women and girls; a strategy.14.HM Government – Together we can end violence against women and girls; a consultation paper.15.Inappropriate Behaviour : Adult venues and licensing in London. Isabel Eden, The Lilith Project 2007.16.Home Office – Alcohol and sexual violence: key findings from the research.17.Gender and Spatial Planning.18.Equality and Diversity – information and correspondence.19.The Queen on the application of VIMAC LEISURE LIMITED v THE NORTH DURHAM MAGISTRATES’

COURT.

The Headland Hotel – Newquay (126)

14 Oct 2010

I am writing to request that the Miscellaneous Licensing Board sets a zero cap for the number of licences issued for lap dancing clubs in central Newquay.

I feel that these establishments give the town a very poor image and deter the type of visitor that most businesses in Newquay are trying to attract.Quite apart from this, I do not think such clubs are appropriate in a small town, where visiting and local families with children have to pass them on a regular basis on the way to school, children’s clubs or the beaches and parks.

I suggest that the area should extend from Headland Hotel to the town centre covering Fore Street, Beach Road, Gover Lane, Bank Street, East Street and all roads between these and Mountwise, Tolcarne Road, Holywell Road and all roads between and including Edgecumbe Avenue and Henver Road.

Mrs P – Lanivet (130)

16 Oct 2010

Could we please not have any sex establishments in the family shopping areas of our towns in order to keep the overall character of the areas as they are. I really do feel the sex shop in Little Castle Street, Truro, is out of place and councillors were misguided to allow it. I hope the licence will be revoked when it comes up for review..

Mrs C – Newquay(131)

18 Oct 2010

I am writing to put forward my views for the lap dancing consultation with regard to Newquay. I believe that the number of licences allowed for lap dancing in central Newquay should be zero.Lap dancing clubs are completely unsuitable here and make women feel unsafe in the town especially in the evenings and at night. They also discourage families from visiting Newquay, due to the nuisance value from the type of customer the clubs attract when they remain in the town next day and the fear of being harassed by them at night.There are many children living in the central areas of Newquay. They pass these places daily as they are very near schools and children’s clubs. They should not be growing up thinking lap dancing is a normal part of life and nor should they be exposed to the kind of language and behaviour of the clubs’ customers and promotion girls in the streets. The ratio of licences currently held to the number of children living here is startling. It is several times higher than in a much larger town or city. I ask Cornwall Council to exercise its duty of care towards our children by setting a zero cap for these licences in the centre of Newquay.

Parish of the Most Holy Trinity – Newquay (136)

20 Oct 2010

I should like to express my views on the above consultation in regards to the town of Newquay. In y opinion the number of licences should be zero for the centre of Newquay. By this I mean the area covering Fore Street to Henver Road and all streets from these roads.It is my understanding that establishments currently holding licences are in close proximity to several churches, schools and meeting places for children’s activities. I do not want to encourage the young people of our town to think that it is morally acceptable that a part of the “sex industry” should be seen as

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common place or acceptable in our society.We are advocating a responsible and moral approach to relationships and a respect and dignity for the human person and therefore such places of “adult entertainment” should not be allowed near to children and families trying to raise their children in such a small and popular place as Newquay.

Mrs E – Newquay (135)

19 Oct 2010

I am writing to back the campaigners – against lap dancing clubs in Newquay. A “zero cap” is what I would very much like to happen for the town.

Mrs G – Newquay (137)

20 Oct 2010

I am writing to express my views on the current lap dancing consultation. I believe this is a question of how many licences should be allowed. In my view we do not need ANY! We do not need lap dancing premises to exist in Newquay. So therefore the number of licences granted should be NONE.I was born here, brought up here, and am very fond of Newquay. When I was growing up Newquay was such a good class, even high class, resort. Decent people with their families came here for a lovely family holiday, beaches, cafes and walks and evening entertainment at two live shows, (Cosy Nook being one) and three cinemas. We have the best beaches in Europe and it was exceptionally safe and beautiful place to holiday in. Dancing was in the form of ballroom and later disco at the Blue Lagoon and Tall trees. Every good hotel had ballrooms as well as evening dances and tea dances.The idea of lap dancing is so demoralising and degrading to women. I think it brings about bad behaviour and disgusting language used on our streets. I am very disappointed and upset to think Newquay has fallen so low to have these establishments. Newquay has experienced a lot of change over the years and sadly, not for the best. We have experienced bad publicity in National Newspapers over alcohol abuse, widespread parties, underage drinking and sadly deaths from teenagers not being aware of their circumstances and surroundings because of the influence of alcohol. We do not need lap dancing added to this mix. We need to drastically improve Newquay’s publicity. So I ask Cornwall Council to feel some real care and responsibility towards families and children and young people of Newquay amd put a zero cap on licences of lap dancing clubs in central Newquay.

Ms S – St Newlyn East (140)

21 Oct 2010

Although we now live in Newlyn East, we lived in Newquay for 12 years, raised our family there, my husband continued to work there until retirement, and we have been and still are, involved in many things in Newquay. So it has been very sad to see this lovely town deteriorate so much over the years. More recently I have been following with great interest, (via the local newspapers) the resident efforts to “recapture their town” and in particular the campaign against lap-dancing establishments, and now feel that I want to add my weight to their efforts.So, I would urge the Licensing Team, when they meet to discuss the granting of the licence to this type of club, to very seriously consider where in the town these operate and not to grant this particular licence to any club that operates in the centre of town.This is where families on holiday want to wander, where local children on their way to and fro from school linger to buy sweets or whatever, and I really hate to think that they are exposed to the seeing the behaviour and awful language of the club’s customers, and what is worse, the promotion of girls outside.Whilst the very younger children might not understand, their parents certainly will and that will put them off coming again, but it is very vulnerable teenage girls that I worry about. Whilst you cannot shield them from the seedy side of life, I hate to feel that they would think that it is something they would want to do, and that it is perfectly normal behaviour, especially now that I have found out that “The Girls” have to pay, pay mind you, for the “privilege” of dancing there, so one can’t even excuse it by saying “at least it’s a job!So please Cornwall Council consider very carefully the wider implications when you discuss these particular licences and set a zero cap for the centre of Newquay.

Cornwall 19 Oct In the recent case in Truro much was made of zoning, and it was advised that the Carrick DC policy, which

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Councillor – Moresk Ward, Truro (118)

2010 was long-standing but no more or less relevant than when it was first made because nothing material had changed in the town to render it obsolete, sought to impose a NIL policy for the ‘whole town’. I consider that this was a misrepresentation of intent and, had I had the right to examine witnesses, I would have called you, as the former Licensing Officer of Carrick DC, to ask your view about the former Council’s intent. I think that you would have replied to my question that the intent was that it should apply to the commercial area known as the ‘town centre’, rather than to the whole town – which extends over a much wider area. There are many parts of any town which are commercially unviable, and it seems to me that it would be pragmatic to leave them out of any zoning policy, if such an approach is deemed desirable. If we wish to impose a NIL policy, which is within our power, then that should apply to the commercially viable zone of the town. I consider that the Licensing Department should undertake a zoning exercise in each Cornish town, partly to identify from residents and business if sex establishments are acceptable. If so, how many, and where! An active zoning exercise, based upon the principle of containment should then be undertaken and consulted upon so that there is, as far as possible, a consensus of consent, and effective spatial regulation. Any such zoning exercise should look at Cornwall as a whole and consider where, if a NIL policy (or, indeed, any limitation) is to be adopted, it may be viable in non-urban settings, to establish viable premises. I am conscious that many entertainment venues have shown that it is not necessary for them to be situated in towns if there is connectivity, marketing and an audience willing to travel. For instance, I recently attended a very crowded private view of an art exhibition at a place between Manaccan and Helford, on the Lizard. When younger, I used to attend the Folk Cottage, outside Mitchell, some 11 miles from Truro, down a very narrow track. The committee should not discount such possibilities in its deliberations.

Ms B – (115) 20 Oct 2010

Please refer to comments in this section included with 9.3 and 9.4 above.


16 Oct 2010

I think it's a sensible idea to set the cap at Zero for Newquay. In the past Newquay has been known as a surfing mecca, and a family holiday location. Both of which currently appeal to the greatest number of residents. With the introduction of the strip bars, and the increase in clubs and bars, the town has changed into a binge drinking, stag/hen do location. This only appeals to bar owners and non-residents. This is not how a policy for local needs should running. Newquay is not family friendly any more, and at night it's practically a no-go area for anyone who doesn't want to get totally hammered dressed as a banana. What is really needed is more balance between family tourism and other types of tourism in licencing and town centre management. There are enough bars offering cheap drinks. Let's clean up the image of Newquay by not allowing more licences, particularly those for sex establishments to be granted. Whilst I am absolutely certain that Newquay needs a change of image, in favour of families (and those seeking non-sex establishment entertainment) and that if there were no sex establishments in Newquay (implemented through the zero cap) this outcome would be achieved, I am also concerned that the Local Authority properly manages what this would mean in practice. This policy is defined by area, which opens up the possibility of ghettos. What we do not want is an overspill area where licences can be granted, just outside the Newquay boundary. The zero cap policy needs to be co-ordinated across the county, with councilllors actively talking to each other and making sure we are not pushing the problem elsewhere, rather than eradicating it. Another way of capping the numbers would be to set the fees so prohibitively high as to deter anyone from licensing. Say £1m per licence. Can this be done?

Mr R – Falmouth (24a)

27 Sept 2010

I do not want lap dancing or similar clubs in Cornwall. At all. Please do not allow them to open.

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Mr/Ms D – (24b)

27 Sept 2010

I do not think that an acceptance of lap-dancing clubs and sex shops is in any way a healthy stance for Cornwall Council to tolerate nor licence. A responsible response is to reject these and any similar suggestions

Ms B – Newquay (24b)

27 Sept 2010

The table outlining the numerical limits (11.2) has not been completed and, while I think one sex establishment is more than enough, how many would this demographic allow?

Ms M – Newquay (29)

04 Oct 2010

i am 24 and have lived in cornwall all my life there is relly no need for any sex establishments in cornwall.i am fed up with al the hype and think it is ruining today.i worry for my children growing up when there is sexual pictures shuved in ur face wenever you go in2 a garage or shop on magazines or papers its got its way in2 to adverts music videos and is hard to escape frrom it naked women on ur tv at night also is to far. so to bring this into cornwall more, is an outrage lap dancing clubs in newwquay and plymouth its turning into america. i feel trapped in todays society. i only heard this briefly on radio cornwall and would like to know more about it or who i can talk to about what is going on in todays world.there has and probally always will be a market for this sort of thing but should be kept private to a certain extent.people know where to purchase porn or sexual toys.i am not huff puff or a bitter person. do just really worry about are next generation will they be all growing in2 barbie dolls????? i could go on and on.i am just really fed up with everything being about sex surely its about two people bieng in love not a marketing process

Mr P – Newquay (55)

14 Oct 2010

I would like to express my strongest opposition to the suggestion that there should be a "zero cap" on lap dance clubs in Newquay or any other town for that matter. I think its disgusting the the vocal few has had such a damaging impact on the night time economy of Newquay which includes its lap dance clubs. These narrow minded people fail to see that we live in ever changing times and Newquay cannot be dragged back into a by gone era! If there wasn't a demand for Lap dance clubs etc they wouldn't survive, the fact that they are (or were until Divas lost its license) successful, profitable businesses means only one things which is that there is a clear demand! I have lived in Newquay my entire life, I'm a professional, cornish, family man, whilst I personally don't visit these establishments I also have no issue with them in my town. They provide employment and boost tourism providing essential money to the local economy. I do not believe that they contribute in any way to anti-social behaviour, violence or sex crimes. Sex establishments are not illegal, so as long as they are regulated and managed I see no reason why they cannot co-exist in our diverse modern society!

Mr T (56) 14 Oct 2010

I am totally opposed to the concept of having lap dancing clubs in Newquay we are trying to promote it as a safe family resort and I feel that these establishments give totally the opposite view,

Mr M (68) 16 Oct 2010

I am writing to object the presence of the lap dancing premises or sex establishments in Newquay. This is a small town and used to be a primarily a family and surfing holiday centre which lived quite happily side by side.However Newquay seems to have been sacrificed as the" money whatever" capital of Cornwall.The gangs of roving drunks ,even in the afternoons at weekends on Newquay streets make me feel ashamed to say I live in Newquay, when I used to be proud of it.I don t want to live in a mini Blackpool or Benidorm so please ,please give our town back its decent name and let the beauty of Cornwall be its selling point

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not the stag party culture. Ms S – Penzance (86)

19 Oct 2010

I am writing in response to the consultation that is currently taking place into the licensing of lapdancing clubs and other sex encounter establishments in Cornwall. I would like to express in the strongest possible terms my opposition to the licensing of these establishments in Cornwall. As a young woman, I have had the misfortune to live near lapdancing clubs in other areas of the UK, and had to confront the clients entering and exiting the club, while on my way home at night. In my experience, the impact that a lapdancing club has on the community is entirely negative. I experienced a far higher number of aggressive comments, and unprovoked sexual innuendo from clients at the club, than from those at a normal bar or club. It is highly likely that, having spent time in an atmosphere where most of the women are there "to serve" sexually, the customers take that attitude out into the street and vent that hatred and sense of entitlement onto any passing women or girl. In Cornwall we have a lot of jobs depending on the tourist industry, most of which is made up of older people or families with children. It would be damaging for Cornwall to risk becoming known for seedy "sex encounter" venues, rather than playing to its strengths as an friendly, traditional, safe environment. At the moment we have an enviable reputation, and if the council decides to invite these venues into the community, there is a risk that that reputation will be lost. Furthermore, police forces are often reluctant to support the licensing of lapdancing clubs, as they are aware of the additional problems of antisocial behaviour that such venues bring with them. Please keep our streets as safe as possible for women and girls going about their daily business, and protect Cornwall's reputation as a family holiday venue at the same time, by making the decision not to grant licenses to any lapdancing or similar clubs within the county.

Ms A – (104) 19 Oct 2010

Newquay (and Cornwall) are such beautiful areas and as Cornish people we pride ourselves on our beautiful county, and are reliant on tourism to maintain it. The one thing ruining this?? Lap dancing clubs! What an eyesore to see these clubs mixed in with normal family shops! and treated as "normal" how many parents can you say would encourage people to go to a town where their children have to walk past these places!As a leader of brownie girls aged 7-11, I spend one night every week teaching 24 girls life skills and teaching them to love and cherish their bodies, a concept completely destroyed by lap dancing clubs.As brownies we have come across many activities we could do in an evening in Newquay but I shudder at the thought of taking young girls past clubs where men have spent several hours watching women seductively dancing in front of then and ultimately "turning them on" and then the kids walking with these men around. I have met several women who have been victims of the lap dancing clubs, women who have been forced to parade their bodies by loan people, drug dealers and club owners! Also many women who have been raped after their partners comeHome from these clubs and think their partners are sex objects!Personally I think lap dancing clubs should be banned completely. What are the point of them? Parading women around to turn a group of people on? Its disgusting. I certainly will not be visiting Newquay untill all of the lap dancing clubs have been removed!


28 Sept 2010

The document is further incomplete in that information on numerical limits alluded to in para 11.2 is not provided in the accompanying table it just has a comment that it will be completed. We are thus asked to comment on something without the information. The end of the policy document proclaims that all sorts of stakeholders, including parish councils have been consulted on this matter. We have not as this vitally important part of the information is not provided.


28 Sept 2010

11.2 The number which we consider appropriate. Too subjective. What are the criteria for the consideration?


28 Sept 2010

11.2 The table with the numerical limits is not completed. How can we be consulted if the proposed limits are not given? Will Cornwall Council assume that we agree with what ever they propose? Surely this is one of the most critical elements of the whole policy?

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10 Oct 2010

Cornwall Feminist Network strongly recommend introducing a ‘nil’ policy for Sexual Entertainment Venues, as permitted under Schedule 3 of the Local Government (Miscellaneous Provisions) Act (LGMPA)1982 and amended by Section 27 of the Policing and Crime Act (PCA) 2009. Cornwall Feminist Network recommend this for all areas that Cornwall County Council has jurisdiction over, by ward area.

The introduction of a nil policy on the granting of SEV licenses is perfectly permissible under the LGMPA (1982), as amended by the PCA (2009). Indeed, the statute specifically contemplates this option. As Philip Kolvin QC, chair of the Institute of Licensing states:

“...the provision gives the authority a high degree of control, even amounting to an embargo, on sex licences or particular types of sex establishment, within particular localities. The width of the discretion is consolidated by the absence of any appeal against a refusal on this ground.”

The introduction of a nil policy is currently being proposed by the London Boroughs of Hackney and Harringey. In the view of Hackney council SEVs:

“…contradict and undermine its stated aims and exacerbate the challenges it faces in bring about positive, genuinely sustainable characterful and thriving neighbourhoods which support the need and principle of upskilling its population and closing the education gap across its communities.”In Harringey, Councillor Nilgun Canver states:

"This new legislation allows us to stop lap dancing and pole dancing clubs from setting up in sensitive areas where they will cause concern. We consider this would apply to every ward and want this to be central to our policy. We are asking for comments from residents, to see if they support this stance."

We aware that some lap dancing club operators have threatened to appeal against the rejection of a Sexual Entertainment Venue (SEV) licence on the grounds that it violates their human rights under the Human Rights Act 1998 and that the two rights they threaten to invoke are the right to freedom of expression and the protection of property.

However, it is extremely unlikely that such an appeal would be successful considering that it is within the law for councils to set nil policies.

Furthermore, the two rights specified above are qualified, they are not absolute. Philip Kolvin QC, Chairman of the Institute of Licensing, states:

”Where a rational decision has been taken by the licensing authority in accordance with the principle of the statute, it is most unlikely that the decision will be held to have been a disproportionate interference with human rights.”

Indeed, before the Policing and Crime Bill became law – enabling local authorities to licence lap dancing clubs as Sexual Entertainment Venues under the LGMPA - the Minister of the Crown in charge of the Bill made a written statement that the new law, including the provision to set nil policies, was compatible with the Human Rights Act 1998.

Thus the power of local authorities to set a nil policy for Sexual Entertainment Venue licenses has been validated in human rights terms.

The reasons for introducing a nil policy are outlined below as factors the Council should take into account

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in developing policy concerning the number and location of SEVs. Mevagissey Parish Council (6)

20 Sept 2010

Council are of the opinion that sex establishments are unsuitable for rural Villages and small Towns and therefore they should be deleted from all correspondence.

Council also feels that because a ward may have a Councillor sitting on the Licensing Committee they are barred from speaking on the affairs of that ward.This is unfair and unjustifiable. The Councillor was elected to protect the residents of the area and represent their feelings how can this be done if they are unable to do so?

Please remember rules are made for the guidance of wise men and the obedience of fools.

Update – Mevagissey Parish Council request that any sex establishment be excluded from all parts of the conservation areas in the Parish of Mevagissey.

Saltash Town Council (4)

15 Sept 2010

We suggest two particular areas within Saltash that would be appropriate for a zero limit for all three kinds of establishment:

Saltash WaterfrontReason: Presence of Youth Club and children’s play area, but also a general area of recreation for children and families.

Saltash Fore Street and Lower Fore SteetReason: This is the shopping centre of Saltash, and its regeneration is the top priority of the Town Council and Community Interest Company. It is also often a focal area for families and young people (including unaccompanied young people).Presence of a large number of alcohol or entertainment licensed premises.

Mr E –Newquay (7)

16 Oct 2010

I would like to register my views regarding the lap dancing consultation as I am unable to attend the meetings on Friday.

I believe the council must set a cap of zero. The council cannot give permission for women to be sold on our high streets in an exploitative and unjust industry. In the 21st century there is no place for businesses that buy and sell human beings and sexual services. Cornwall does not need this kind of sex tourism and needs to aim higher. These clubs destroy tourism for other businesses as the type of person they attract dominates and put off other tourists. This has been shown clearly in Newquay.

There is mention in the council document of treating areas differently according to specific characteristics. It is wrong to assume that because Newquay currently suffers with these clubs that this makes it OK to sanction any number of them. If it is not right for Padstow, Truro, Fowey or St Mawes - then it is not right for Newquay. This is a town that needs to rebuild its tourism industry that has been damaged so severely by these clubs. Cornwall needs to take a stand and prove it wants something different for its visitors and residents.

These clubs are sexual encounter establishments and have no place in a modern Cornwall. Finally I believe the Council cannot sanction any clubs at all if it properly runs Gender Impact Assessments as required by European legislation. The Council is required to run these assessments and a proper understanding of how these clubs operate proves they cannot promote equality - they are the exact

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antithesis.

In response to your message I would like to confirm that my suggestion of a cap of 0 refers to Central Newquay Town. I believe this to be appropriate due to the number of residential, churches and playgroups within a close proximity. Also the large number of school children that pass by these places between school and home and in the evenings to go to clubs etc.I hope this helps clarify my response.

Central Newquay definition:- Headland Road to the town centre covering Fore Street, Beach Road, Gover Lane, Bank Street, East Street and all roads between Mountwise. Tolcarne Road, Holywell Road and all roads between and including Edgecumbe Avenue and Henver Road. In addition it would agree that all sex establishments in this central ward would be seen as inappropriate locations for the same reasons I outlined before.

Ms H – Newquay (9) & (102)

19 Oct 2010 & 21 Sept 2010

19 Oct - I am writing to you with regards to the decisions that will be made relating to lap dancing licences in Newquay. I am requesting a zero cap on the licences of lap dancing in Newquay. We moved to Newquay almost 14 years ago. When we moved here it was a family seaside resort with a happy atmosphere. At that time we frequently socialised in the town, feeling confident to walk home without abuse or fear, enjoying the restaurants, pubs and clubs in the town. Since the lap dancing establishments have opened in the town they have attracted the worst tourists britain has to offer, making the streets of Newquay at night a no go area. My Husband and I are very conscious of going into the town centre at night because of the clientele these establishments attract. As a family we attend family events in the town and want to shop and use the amenities in the town, but increasingly we avoid the town centre because our children's innocence is assaulted by the actions of the clients of lap dancing establishments. Newquay has lost its family resort status and has one of the worst reputations in the country. I believe this massive loss in tourism can be turned around by the assurance of a zero cap on lap dancing licences. The zero cap will also give the locals the confidence to use the town's amenities again on a much larger scale, surely that can only be a good thing.

21 Sept – I support a zero cap on licences for these venues. My reasons are that I can not go into the town with my children, X 6, Y 4, without there innocence being compromised by customers to these venues and by the people advertising the venues. What are we teaching the young people in the area by allowing such venues to run? We are teaching the girls that it is lucrative and acceptable to sell their bodies for the pleasure of men and that sex is a business instead of a private enjoyable experiance between an adult couple. We are teaching the boys that it is acceptable to disrespect girls/young women and that they are a commodity rather than the beautiful beings who are more beautiful when you spend time with them and love them rather than getting your pleasures by allowing them to strip naked, 'dance', and may be negotiate more 'favors' for money at a later date. Why is violence on the increase? why are young people so confused? the only way to turn the tide is for

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zero tolerance of this trade. I hope you make the right decision on Friday

Ms H – Newquay (11)

21 Sept 2010

I am a Youth & Community worker here in Newquay and would like to see the council set a ZERO cap on Lap dancing clubs in this town. I am unable to attend the public hearing this Friday as I am attending an annual conference with other youth workers from across the country. It is imperative for all involved that this law is set at a zero level not just for the community now but for those in the future too.

Ms W – Newquay (43)

21 Sept 2010

I would like to propose as a member of the community, as a mother and as a Youth and Community Worker in the town that the council set a cap at zero with regard to any sex establishments in the locality of Newquay town centre. Newquay as a family holiday resort is an inappropriate location for any such establishments and should they be allowed it would not only negatively impact the people that live here, those who are trying to successfully raise children here but also any potential families looking to stay for a holiday in the resort. As a community we are working hard to combat alcohol/drug problems and the antisocial related behaviour to the misuse of these substances and as such Sex establishments only encourage their use and I would argue that as a town we would also see a rise in sex crime too.

Ms D (18) 23 Sept 2010

I would like to register my total shock that any one in there right mind would suggest that Lapdance Clubs should be allowed in Cornwall. I have an impressionable teenage son who I do not wish to ever believe that women should be viewed as sex objects, which is all that these clubs do.

Please do not ruin Newquay any more than it already has been & do not allow them any where in Cornwall. I would like to register my vote to be ZERO clubs in Cornwall.

I am afraid that I can not attend the public meeting.Redruth Town Council (20)

26 Oct 2010

Following last night’s meeting of Redruth Town Council, I have been asked to write to Cornwall Council’s Miscellaneous Licensing Committee saying that Town Council Members want no further increase in the number of sex establishments in the Redruth Town Council area.

Camborne Town Council (26)

30 Sept 2010

The above consultation document was received by members of Camborne Town Council at its Planning Committee meeting held on the 27th September 2010. At this meeting members discussed at length the document and implications of the consultation. Following this discussion it was resolved as follows: that Camborne Town Council recommend a zero limit in the commercial area (as defined by the Draft Kerrier Local Plan 2004) of the town due to the high level and density of fast food and takeaway establishments within that area which would preclude the sustainable integration of this type of entertainment by reason of the different clientele using such establishments.

Update – Following discussion it was resolved as follows:- to confirm a zero limit for all types of sex establishment, namely lap dancing, sex shops and sex cinemas.

Mr D – Newquay (32)

07 Oct 2010

I am writing to request that you set the cap for the number of lap dancing clubs to zero. I used to be a regular visitor to Newquay and further afield in Cornwall. I currently will not visit with my friends and their young children because of the 'stag' culture and expansion of the commercial sex industry in the town. Please make Cornwall the beautiful attractive holiday destination it should be, so that we can resume our holidays to the area.

Dr M (33) 08 Oct 2010

The new licensing legislation offers the opportunity to the Council to be proactive in its duty to promote gender equality, and to have due regard to the need to eliminate harassment and discrimination. The Council is a public body and its role is to consider the negative or positive social impact that its decisions and policies have. In our current culture, venues offering 'sexual entertainment' where the 'entertainment' is women's bodies and the 'entertained' are men, promote the idea that the primary value of women resides in their supposed sexual attractiveness and that it is perfectly right and normal for men

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to objectify women in this way. It is not right and it should not be normal. The stark statistics concerning male violence against women, and the sexual harassment of women by men, do not show us that it is 'natural' for men to be violent towards women and to disrespect women. Rather, they show us that our cultural context is one that encourages these behaviours. Public bodies have a role to play in helping to change that cultural context, just as in the past, local and national government played a key role in changing the context where it was assumed (until 1918/1928) that only men should have the right to vote, or that - once married - men could rape their wives within the law (until 1991).

The essential factor to be taken into account in the development of an SEV policy is the negative impact on women, and on women’s equality – made by SEVs. This impact is both general – in its contribution to the normalising of the commercial sexualisation of women which erodes women’s equality with men – and specific in that:

"lap dancing and exotic dancing clubs make women feel threatened or uncomfortable” (Royal Town Planning Institute Guide on Gender and Spatial Planning)

psychological trauma, substance abuse and sexual assault are rife among women who work in SEVs (e.g. Holsopple: 100% of 18 women interviewed had been sexually assaulted by customers; see also www.object.org.uk’s Stripping the Illusion resource pages and film).

Any gender impact assessment of the operation of SEVs would be bound to demonstrate unmitigable negative impact upon women. Therefore in order to eliminate the negative impact of SEVs the appropriate number to be set is nil.

I call upon the Council to implement a nil cap on SEVs in all areas under its jurisdiction.


08 Oct 2010

Set numerical value for the night time economy area of Newquay at zero.

Ms P (37) 09 Oct 2010

I used to be a frequent visitor to Newquay when I was growing up in Devon. I liked the atmosphere, the choice of bars and restaurants on offer and the people it attracted.

If I visit Newquay now, it is to see friends only and we do not go out into the centre. If I want to visit a Cornish town with beautiful views, a relaxed atmosphere and good bars and restaurants, I go to Padstow, Fowey or St Ives. I lived in Cheshire for ten years and whenever anyone asked me where to visit in Cornwall I would always advise them to avoid Newquay.

The last time I was in Newquay visiting friends I had to pass through the town centre. I was appalled to see the a huge lap dancing club on full view in the town centre (I believe that this has recently been stripped of its licence) and I found the groups of men marauding the town quite intimidating. The amusement arcades and the lap dancing clubs are resonant of Blackpool - the notoriously tacky favourite of stag and hen parties, except that Newquay has a reputation of just attracting stag parties. However, this reputation will eventually backfire as even the stag parties will want to go to other towns & cities where there is a greater mix of people (this is based on conversations with male friends & colleagues who have complained at the fact that the town centre was full of stag nights when they have visited).

It is hard to believe that such a beautiful town has been degraded to this extent. The national reputation of Newquay is such now that it attracts one type of visitor (stag parties) at the expense of other visitors (families, couples) and this perpetuates its reputation as being somewhere suited only to stag parties.

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http://www.object.org.uk/

I would like to see the town stripped of all the lap dancing clubs and, to this end, I am asking that Cornwall County Council adopts a nil cap for the town centre and for all other wards in and around Newquay. I believe that this is the only way that Newquay will discourage the intimidating stag parties and encourage other visitors. This will eventually improve its image both locally and nationally.

From a personal point of view, I find the whole concept of lap dancing unacceptable in 2010. I find it surprising that Newquay Town Council has allowed the lap dancing clubs to be situated in such prominent locations and with such inappropriate signage in the town centre. It indicates a disregard for other visitors to the town who do not want to be exposed to the commercial se.x industry on the high street.

Please adopt a nil cap in the SEV policy. Newquay could be so much than it is.Ms P – St Austell (38)

09 Oct 2010

Although I am pleased that the strict regulation & monitoring of lap-dancing clubs in Cornwall is working, I feel very strongly that we need to re-consider what type of tourism we want to attract in the County. Cornwall has a wide reputation as an excellent "family holiday" area. We have already seriously endangered that reputation with images of Newquay, & I am convinced that to make Cornwall a "Zero-zone", - as I understand some London boroughs have done, - will not only add to our effectiveness as a family holiday area, but will better reflect the sort of community that we are to those who are moving to Cornwall in great numbers from city centre areas.I do hope that there will be opportunity during this consultation to consider making Cornwall a "zero-zone" in relation to lap-dance clubs & sex shops.

Ms H (39) 10 Oct 2010

I understand that Cornwall County Council is debating whether to consider a cap on Sex Establishment Venues and, if so, whether that cap should be set at nil.

I would like to ask that a cap should be set and that it should be nil. I have some great memories of Cornwall from when I visited as a child and I have been looking to visit again. Financial issues have prevented me doing so this year but I have been looking towards 2011 and to know that lapdancing and stripping clubs were banned there would be a tremendous boost to my plans. Having been harassed along with my sister and my then seven year old niece as a direct result of a lapdancing club in Greater Manchester, I have a horror of these venues and a real fear for my safety in the vicinity of them. It would be wonderful to feel that I could visit Cornwall - and it's the most beautiful county - knowing that women were valued and that women's equality and safety was a priority.

Ms W – Bodmin (40)

11 Oct 2010

Every effort should be made within the present unsatisfactory, permissive law, to designate localities with a limit of NIL. I understand that efforts are being made to open sex establishments in villages in the UK.

Mr T - Newquay Christian Centre (41)

11 Oct 2010

I am writing to you to ask that you consider setting the cap of Lap Dancing Licences in Newquay at zero.

The reason for my objection to lap dancing establishments is the potential damaging effects it has on the lives of many vulnerable young people in the town. I work for a Church in Newquay that operates a number of projects for young people, including a supported housing project for vulnerable young men aged 16-24. Many of the young men that we work with come from disadvantaged backgrounds, unfortunately many have faced horrendous abusive circumstances, even of a sexual nature. As you can imagine, many of these young men need a lot of support through these issues and unfortunately some have developed inappropriate forms of sexual behaviour and attitudes that we spend time trying to rectify.

These issues have been compounded by the close proximity of several Lap dancing establishments in the town centre, many of whom, especially during the summer months and weekends, adopt a heavy marketing and touting tactics (girls on the street). My concern is that even if tighter restrictions were imposed on their licences, many of these clubs in my opinion are inappropriately located, some of them have prominent ‘Shop Front’ locations along the busy streets of Newquay, which only re-affirms the inappropriate values that many for these young men have adopted.

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Some of the young men that we have supported in the past have been enticed by the girls and drawn by the prominent locations to visit these establishments and I am greatly concerned that this would have a negative impact on the valuable work we are doing.

In addition to my concern for some of the more vulnerable younger people in our town, I also like to see a nil cap on these clubs as, especially in the light of their prominent location, they do nothing to lift the current poor reputation that Newquay has. In the greater interests and overall reputation of the town, I would ask that you consider setting the cap at Zero.

Please do not hesitate to contact me should you want to talk this through, I would be very happy to discuss this with a member of the committee, for what it is worth I would really like to commend you for the hard work you do in managing some of the difficult decision that will shape and define the future of the town.

St Stephen in Brannel Parish Council (42)

15 Oct 2010

St Stephen-in-Brannel Parish covers the villages of, St Stephen, Coombe, Treviscoe, Whitemoor, Nanpean, Foxhole and High Street/Lanjeth.

This Council proposes Zero establishments for the Parish of St Stephen as there are no suitable areas for such establishments to be sited.

Update - Please find below additional information for St Stephen-in-Brannel Parish Councils to support the above.

1. No suitable retail sites. The villages of Whitemoor, High Street/Lanjeth, Coombe, Treviscoe do not have a shop, pub or any retail areas.

2. St Stephen, Whitemoor, Foxhole and Nanpean have Schools and this could contravene licensing laws regarding the protection of children.

3. Small villages in rural area roads would not take any extra traffic.4. Out of keeping with area.

Mr & Mrs B – Newquay (44)

13 Oct 2010 & 15 Oct 2010

13 Oct - We wish to register our wishes that you set the number of lap dancing venues allowed in Newquay at zero. There is no need for these clubs as they encourage lewd behaviour outside of the clubs. There are more than enough drinking establishments in Newquay which the hens and stag parties can enjoy and the lap lancing is a totally unnecessary element which degrades women and, normally, only men frequent. The people we want to encourage back to Newquay are the families who actually spend money in the town but are put off from coming here by Newquay's reputation as a party town. Those who have been have stated that they won't come again as they feel unable to go into the town in the evenings.

Locals no longer go into town at night. Our daughter has had lewd remarks aimed at her during the day, and she is a married woman with two children! There are drunken men wandering our streets at all hours of the day and night, disturbing residents, fighting shouting and who knows what else they get up to. These people do not add to the local economy as during the day they are asleep and at night they are lining the pockets of the club owners. They do not spend money in the town. The girls who work in these clubs have to pay the owners for the "privilege" and are being exploited. The recent publicity over one such club should show that the residents of this town are against these establishments and want our town brought back to the lovely place it used to be.

15 Oct - Unfortunately, we will be away at the time of the meeting on 10th November, but would reiterate our feelings regarding the number of "sexual entertainment venues" being set at zero. The area we are particularly concerned about is Newquay town centre as there is more than enough " night time entertainment" which appears to cater for a certain group already, and as mentioned previously, local

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residents and most holidaymakers feel intimidated when venturing into the town in the evenings. The groups of marauding "lads" cause enough trouble when they have been drinking without also being sexually stimulated. We live in sheltered accommodation very close to the town centre and are subjected to the noise, the obscene language, the fighting and the property damage caused by people leaving the town centre at all hours to get back to their accommodation. Sexual Entertainment Venues are not something that this town needs,as they only put money into the pockets of the owners and do nothing for the local economy. We need family entertainment, something that everyone can enjoy in the town in the evenings and brings money to the ordinary local businesses, and not be catering for a minority group who can probably find these venues in their home towns. The nature of Newquay is such that there are a lot of private residences in, and very close to, the town centre, after all it was just a fishing village, and per head of population it appears that we did have a larger ratio of these venues than London! The only premises available for these clubs are amongst the residences and shops and on the roads leading to our beautiful beaches where the genuine tourists are walking, not a great image however well they are disguised.

Ms P – Newquay (45)

13 Oct 2010

With regard to the above consultation I would ask the licencing committee to set a cap of zero licences for lap dancing in central Newquay. There are many reasons why the establishments which provide lap dancing as entertainment are unsuitable for Newquay. One of my main concerns is for the children who visit or live in the town. Having the clubs in the centre of town means that it is virtually impossible to avoid passing them at one time or another for instance when going to the shops, on the way to and from school or children's clubs, dance classes, beaches and parks. Local children in particular are exposed to the totally inappropriate behaviour and language of the type of vistors- often stag groups- attracted by the clubs.These groups remain in the town after visiting the clubs the night before and are causing a nuissance everywhere next day, on the beaches in the shops and in the streets. In addition there are the club promotion girls in the streets from early evening onwards.Lap dancing clubs promote the idea of selling the viewing of women's bodies as entertainment as if that is all a woman is worth. Our children should not be forced to grow up in a town where these things are accepted as normality. There have been many instances where young women have been sexually harrassed near these clubs. There is a real sense of fear among many women at night in the town.The clubs promote the idea that women are sexually available and I believe that some men leaving the clubs in a state of arousal especially after drinking, are more likely to harrass women outside the club. Research has shown that this type of harrassment increases in areas where lap dancing clubs have opened. A survey in Camden showed that when comparing the numbers of rapes in the 3 years before a lap dancing club opened with those that occurred after 4 lap dancing clubs opened, there was an increase of 50% for rapes plus an increase of 57% in levels of harrassment. We will have the under 18s (ExodusScheme) here again next year for a month in the Summer. The council has a duty of care towards these visiting youngsters too. A geart deal of money has been spentin trying to protect them from falling over cliffs , by putting up safety barriers etc. They need to be protected from sexual predators too. Newquay's image and reputation has been damaged by the presence of lap dancing clubs. The town is desperate to repair the damage done by the adverse publicity caused in no small measure by the publicity in a TV programme about one of the lap dancin clubs. Many businesses are working very hard to attract the sort of tourist the town really needs; inparticular the family trade. These are the very visitors who will be deterred from coming to Newquay if lap dancing continues here. The establishments which currently hold licences are within a stone's throw of churches, schools and venues for children's activities. They are also right in the centre of town next door to where you buy your children books or ice creams. I ask the miscellaneous licencing board to put the interests of the local residents and businesses

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who work hard to create a better image for the town first. Please set a zero cap for the central area of Newquay, which I would define as from Fore Street,through Bank Street, Beach Road, Gover Lane, East Street, Cliff Road, theTolcarne Road/ Holywell Road area, Edgecumbe Avenue and Narrowcliff.

Mrs S – St Newlyn East (46)

13 Oct 2010 & 15 Oct 2010

13 Oct - I am writing to ask you to consider setting a cap of zero on lapdancing clubs / sexual encounter establishments in Cornwall. I am the mother of four young children and I object to the sexualisation of society. I feel that theses establishments are unneccesary and unwelcome in our county.

15 Oct - Please may I ask that a zero cap should be set for sexual entertainment venues, sex shops and sex cinemas in the Newquay, Truro and Perranporth areas. These areas have groups of vulnerable people who reside there who may be adversely impacted, and are also populated by children's parks and play areas and churches and other places of worship.

Mrs P – Newquay (50)

14 Oct 2010

I am writing to you to express my view against Lap-Dancing establishments being in Newquay altogether. I have been a resident in Newquay for most of my 37 years and have seen a steady decline in the reputation of Newquay. Newquay was, predominantly a family destination, with lots to offer any family coming to the area. Over the years we have lost many establishments aimed at families in the area, such as the Cozy Nook Theatre, the Cinema etc. I believe we all know of the detrimental effect of the press that Newquay has received over the last few years. We should be encouraging Newquay as a family destination to the nation. I fail to see that Lap-Dancing clubs enhance Newquay in any way whatsoever. The whole nightlife situation in Newquay is completely out of hand now. I worry endlessly about my children growing up in Newquay, their own town. I certainly do not want my pre-teenage son and young daughter to think that these clubs are normal and that women should be on offer to drunken men, for any price. I have been extremely concerned that Lap-Dancing clubs ruin the town centre, we have a beautiful town, with beautiful beaches and scenery, why can we not promote the good things in the town? I also do not believe that Lap-Dancing clubs bring custom to the town at all. The only people who benefit from the sex establishments are the owners of the clubs, who are raking in the profits from the girls who have to pay to be employed by them. We already know that some of the Lap-Dancing clubs cannot abide by the rules that they had already been given, why should they be given chance after chance to 'prove' themselves. I am also very very worried that there may soon be one opening in my residential area. I live at Tolcarne Mews and we have had endless problems with Tall Trees nightclub in the past, which then became Pure, the problems continuing. Now I believe it is reverting back to Tall Trees again. I am the Rep for the residents of Tolcarne Mews and our residents are literally dreading the re-opening of the club. Although the new Licensees have expressed that they will not be re-opening the Mirage Lap-Dancing part of the club, they only have a six month License and so within six months we may be subjected to a sex establishment right on our doorsteps. I fear for the safety of the residents and children in this area, not to mention that there is a school directly opposite the club. We have numerous problems with shouting, screaming, people being sick, fighting and general disturbance and reports of people actually having sex on the car park in Tolcarne Mews. It is wholly unfair that any residents, who pay rent and want a decent standard of living, should be subjected to this behaviour. I have seen for myself the drunken antics of club goers to this area and I dread to think that if Lap-Dancing comes back to the area, what we will then be subjected to with aroused men being released into a residential area, where we have vunerable women and children. How are these clubs allowed to be in a residential area??? I hope that the Council will see sense and put a zero cap on ALL of these establishments for the safety and

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welfare of residents and visitors to Newquay alike.

Ms T (51) 14 Oct 2010

I am writing with regard to the licensing laws for Newquay lap dancing clubs.From my experiences lap dancing clubs have an extremely negative effect on the town. They encourage large groups of men on stag nights, who can be intimidating and offensive to women. When I have had nights out in Newquay (which are very rare now because of the intimidating very drunken atmosphere) there have been numerous times when I have witnessed men coming out of these clubs intoxicated and abusive. I think this creates an incredibly dangerous atmosphere for young women to be in.Having these clubs in a holiday resort does not promote a family friendly environment. It makes the place seem cheap and tacky and geared towards stag parties. Newquay needs entertainment for all ages and gender not just men on drunken nights out.

If the council want Newquay to be a pleasant, family friendly resort I think you should think very carefully when making your decision.

The image of Newquay as a resort is not enhanced by offering the services they provide and the towns image would benefit if the cap for Newquay was set at zero.

Newquay Christian Association – Mr R (52)

14 Oct 2010

Regarding the above I have to express huge concern over establishments that trade on blatant sexuality in a small town that is struggling to keep any form of family element at the top of its agenda. I have worked in this town for 18 years and watched it slide into a hedonistic summer destination for 1000’s of people who are attracted by drink, gambling and in latter years the Sex Industry.

In my role as the pastor of a busy church in the centre of this town, I am more than aware of the detrimental effect that these places have on community – something which we, and others are trying desperately hard to build.

I ask you to set the cap to zero – and help us to help this town turn back into a community rather than a market place for temporary travellers to use to temporarily remove their inhibitions at the cost of the local community. This is a fantastic town and should be a holiday destination – but it needs clear limits to protect its communal infrastructure


14 Oct 2010

as a resident of Newquay and Council Tax payer I want to object to the granting of "Sex Establishment" licenses and ask the council to apply a zero cap.

The present venues exploited a loophole in the law and granting these licenses now will only encourage a "stag party mentality" to flourish in the town.

There is something quite threatening to be confronted with 10 to 20 men walking together down the street in matching football style shirts - even in the afternoon so why encourage this.

Why should Newquay be the focus for these establishments?

Ms J (54) 14 Oct 2010

I would like to give my opinion on lap dancing being allowed in Newquay .I have been a resident here for 16 years and feel that the Newquay we once had is almost unrecognizable ! Before moving here we used to quite happily wander round the town with our children on holiday untill 9 or 10 at night.It was lovely to browse and buy in the gift shops ,along with many other families .However ,Newquay is no longer a place fit for family holidays .My older children have now moved away ,as going out at night is such a tawdry affair .My younger daughter (age 14) now goes shopping with friends to Truro ,because as parents we do not feel happy with what they might see in town EVEN in the day !!The Stag and hen parties now dominate the town ,and I often feel sorry for the pensioners I see getting off coaches here .What on earth is there here for them to do ?In fact ,what is here for any of us to do?Apart from staying OUT of Newquay alltogether ,which we ,as a family ,now do.

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A couple of years ago we spent a holiday at Swanage ,and what an eye opener !!In the evening there was a live band playing opposite the beach.The whole place was FULL of people ALL ages .Families with toddlers,pensioners,teenagers ...All having a great time.The shops were PACKED and the tills ringing .I mentioned to my partner how it reminded me of how Newquay USED to be !!I say ZERO cap on licensing for lap dancing .Im sure we would then start to attract the right sort of holidaymakers back to the county ,and locals will no longer take their custom elsewhere ! Also we may be able to sell a few of those expensive apartments that have been built .After all ,someone with£ 250.000 to spare surely would like somewhere a little classier to spend their evenings AND their money !!


14 Oct 2010

I've grown up in Newquay and I am firmly behind the belief that there should be no lap dancing clubs in the town. If we are to make a positive change to the town image then we need to move away from this type of business, we need to stop and rethink the businesses opening in the town centre and the image they portray.

Ms M (59) 14 Oct 2010

I am writing to express my views on Lap Dancing Clubs in Newquay. I do not think it is appropriate to provide this service to residents and visitors. Please set a cap at zero for Newquay town centre.

I do not think clubs such as these have a positive effect on the town and county. They create a bad night time environment, have a negative effect on the town at night and only bring in more drunken groups of lads. The image of Newquay as a resort is being ruined by offering the services they provide. The towns image would definitely benefit if the cap for Newquay was set at zero. This will help bring more families to the town and less stag do's and may even result in more locals feeling safe to go out in their own town.

Revd McQ – St Columb-Minor (60)

15 Oct 2010

I am concerned about the state of Newquay and its future. i feel that the Council should under the new Government legislation set the cap at nil, and choose not have the commercial sex industry on our high streets. We need to ensure that Newquay remains the town of the family. Newquay town centre is quite small and I cannot fathom where would be an appropriate location for clubs within the sex industry, with residential and commercial properties bordering each other across the town and its hinterland. Newquay has so much too offer, let us concentrate on the good things, not on the sex industry with its negative impact across the whole social spectrum;

(N.B. a more detailed response was to be submitted following clarification of matters by the Licensing Team Manager (Central), however no further submission was received.)

Mrs D – Newquay (61)

15 Oct 2010

I'm writing to offer my views regarding the Lap Dancing in Newquay. In my opinion Cornwall Council has a duty of care for the young and under 18s who visit Newquay for The Exodus project each year and in my opinion it is vital that the cap for such licences in Central Newquay should be set at zero. In Newquay central ward there are 1,532 households with a population of 3,512. There are 748 who LIVE in the central ward, not just passing through on the way to school, but living here. And that is just the central ward. There are 4 lap dancing clubs, this is equal to one per 383 households.The national average is 1 license to every 100,000 households.Surely this is enough evidence that there are just too many lap dancing clubs in Newquay. Newquay Council has a duty of care to all residents and especially to the children passing these premises on their way to school, the beaches and the play areas as well as children's clubs. No child should have to live where the activities in these clubs are a normal part of life. Visitors as well as local people alike often feel threatened by the presence of the clubs, often making

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residents and visitors unwilling to come into town.The presence of these lap dancing clubs gives the town a seedy image. The new cinema will help in returning Newquay back into a nice town for both locals and visitors.

Mr B – Newquay (62)

15 Oct 2010

Newquay has a community of intelligent and caring adults who want the best for every child in the district.

I wonder what contribution lap-dancing clubs and strip clubs make to our outstanding community? By licensing such clubs to operate, Council Members are saying it is fine for spiritual, moral, cultural and social development of our young people to be subjected to sexual entertainment on our door step and that exploitation of vulnerable women is fine. I do mean on our doorstep. The establishment which was Tall Trees is literally 20 yards from my school fence and we regularly have to clear up the broken bottles which are thrown over the fence into our school grounds – obviously putting our children at risk of injury as well as mentally.

Newquay is a great place to live and ought to be a wonderful resort for families to come and share their holidays. The drunken and sleazy town which is the current Newquay is not what I want to be associated with. Why is profit put before everything else?

When will Cornwall Council face up to the very serious issues of this town? Already we see Newquay and St Austell listed in top twenty of debt-ridden communities in the Country. I’m not proud of that!

Where is our theatre? Where are our fun filled children’s entertainment venues (Dairyland excepted)?

When will Cornwall Council think about the needs of the Newquay community? In our town, and it is my town, we are very fortunate in having outstanding schools at infant, junior and secondary stages. I do not believe that any other seaside town in the country could say this. This is the case despite minimal efforts of the County, not because of its support for us.

Let us together make Newquay a place of which we can be justifiably proud; a bright and vibrant seaside town with stunning beaches, fun-packed family entertainment and a whole year round great place to live. Schools have the led the way for you – now please do your bit and stop the licensing of lap-dancing clubs and promotion of inappropriate sexualised and drunken behaviour of which Newquay is becoming renown.

St Austell Town Council – (63)

15 Oct 2010

Thank you for the opportunity to comment on the draft policy and consultation documents relating to Sex Establishment Licensing which St Austell Town Council has taken very seriously.

A number of Councillors and myself attended the briefings which you kindly held in September and we have undertaken a desk top review of the St Austell area to identify those parts which we feel are particularly sensitive in relation to the criteria identified within the legislation and explained in Section 11 of the draft licensing policy document. St Austell has a broad spread of schools, nurseries, crèches, parks and childrens play areas, residential and sheltered accommodation, religious and community buildings etc and we have identified those streets within St Austell which we believe because of the concentrations of these types of premises should be designated with a numerical limit of zero for each of the classes of sex establishment. (The attached document sets out the streets within St Austell which the Town Council consider should have a numerical limit of zero). The Town Council accepted the guidance that we could not object to sex establishments per se and have only designated those areas which they feel are most sensitive for the zero limit. If you have any questions with regard to this or any concerns with regard to the methodology please do not hesitate to contact me.

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In addition to the detailed work on numerical limits, the Council would ask Cornwall Council to consider including Town and Parish Councils within the list of normal consultees for individual licensing applications relating to Sex Establishments.

The Council also felt that the provisions relating to the behaviour of customers should be strengthened and that the licensing authority should be given greater power should there be inappropriate customer behaviour at the sex establishments.

Some concern was also expressed that although there are clauses relating to display and access to sex shops, Cornwall Council should explore further the conditions with regard to display and access to ensure that young people are excluded from such premises.

I hope that these comments are helpful and thank you once again for the opportunity to comment.

If there are any issues with regard to the work undertaken concerning numerical limits, please do not hesitate to contact me.

Ms B (66) 16 Oct 2010

In June 2008 a royal marine down in Newquay for the weekend to visit Divas tried to rape me and when I fought back he stamped on and kicked my head and face so brutally that he broke my jaw, nose and eye socket. The police said it was the worst attack they had seen in 20 years.

I don't want the people that these bars attract in this county, let alone the town my impressionable, innocent, 4 year old son stays in every other weekend.

There are statistics which prove that in areas where these bars open, violent crimes like sexual assault and rape increase by approximately 80%. Newquay police force can have as little as 2 officers on at one time during summer OR winter, with a summer population of 120,000+. It doesn't bode well. Especially when, like me, you see how appallingly they run sexual assault/rape cases.

It is essential that we get rid of these lapdancing bars from our sleepy, seaside towns. They clearly need to operate from areas where there is a bigger, more competent police force, which sadly we do not have here in Cornwall.

Whilst living in Newquay as a young mother, I was embarrassed and fearful when walking through the streets during the day time due to the high volume of all male stag do's, attracted by Newquay's sex trade.

I have personally been approached on the street and asked to take my clothes off for money in these clubs, which I find incredibly offensive, embarrassing and intrusive. As I have explained, I have been subjected to a brutal sexual and physical attack by a 'punter' of one of these establishments. I have also been subjected to taunts by groups of drunken, rowdy, sexually aroused louts leaving the premises of these bars.

I moved away from Newquay as it is no longer a safe place to be, day or night, and I wouldn't dream of raising my son there. My friends and I (all under 25) wouldn't visit Newquay as we know that we are not safe. Newquay has a reputation with all young people in Cornwall for being a dangerous and volatile area, going even steeper downhill and fast.

This objection to lap dancing bars hasn't been 'dreamt up' by 'ugly old women with nothing better to do' as the club owners would have you believe. Every person, of all ages and appearances, supporting this campaign has been affected in one way or another. I would like to highlight fact that I know a large

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volume of people under the age of 25 who also want to see the cap set at zero, and to start getting our towns back to the safe, welcoming environments that we are entitled to. This is because we are all directly threatened by the violent, drunken, sexually motivated behaviour of the 'gentlemen' these clubs are aimed at.

We women are not a punchbags, or sexual objects to be treated however these men please, so kindly stop inviting them to come to our home towns and treating us in this way.

Ms M (67) 16 Oct 2020

I feel that we must take a ZERO tolerance attitude to the exploitation of women in our society. While I realise that the women employed in this industry are probably mostly doing so of their own free will. I think that we need to consider both the long term effects to our society's attitude to women, the messages that we are sending out to our children and the reasons why the women working in this industry choose this career path. I would like to elaborate on each of these considerations below from my point of view, which I feel will reflect the opinion of many and hopefully touch on some obvious consequences of the sexual exploitation of women. It also highlights some important questions that need to be addressed when making this life changing decision. The attitude of society towards women - Women have fought and died for equality in what has been a predominately male dominated society. The equalities act 2010 stresses the need for equality, including gender equality. How can we obtain this when we are sending out mixed messages? Women are still being paid less than men for the same jobs and women are being sold as sexual objects to be used for the sexual gratification of men. How can we expect the men in our society to fully respect women when women are being portrayed as sexual objects, available to be used and sold for how they look; half naked and cavorting for the benefit of their audience - It is the responsibility of the Council to lead by example on equality and respect of people by not allowing this behaviour, in order gain respect for women in all areas of society and to help our young women to grow with respect for themselves. How do these clubs impact on peoples relationships? Does the mother at home that turns a blind eye that her partner is going out to seek sexual fulfilment elsewhere receive respect for not expressing how she feels, but ends up resentful and wanting revenge or perhaps declines into a depression. Or does her partner come home after a night of alcohol and sexual stimulation to a woman who wants to tell him how upset she is, so they row all night with the children listening? These of course are just two scenarios. Has the effect of this sort of establishment on relationships been evaluated, are you making an informed decision? If not, and it is decided to adopt lap dancing clubs on any level are you risking the future of families? What indirect impact could your decision have on children and the care they receive? would you be increasing the levels of parents bringing up their children single handed? The messages that we send to our children - In my work with children, young people and families one of the key themes of parenting is 'modelling'. Children learn values, behaviour and attitudes from the adults in their life and the community in which they live. The Council has a responsibility to ensure that their policies are protecting the most vulnerable and influential people in our communities (our children) who I doubt very much have a voice in this consultation as it would be highly inappropriate which again raises the question if it is appropriate at all that we should even consider sex establishments. With one in four women in this country will be the victim of domestic abuse at some time in their lives. Is it not a PRIORITY to take drastic measures to ensure the respect of women by educating children

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about healthy relationships both at home and in school? While this is all part of national and local agenda, would it not be a contradiction if we teach our children SEAL (social and emotional aspects of learning) in school, then set up establishments in the heart of the community which disregard any of those values, increasing and encouraging participation in pursuits which de-value and undermine women ? I think it is important to consider the impact of mixed messages on our children and how they learn about gender differences, respect and relationships. The Local Authority is setting the standards of behaviour that are deemed acceptable, you will be setting the boundaries of our cultural values. If we agree to a policy that celebrates and condones the use of women as sexual objects for men to use; while often their partners are at home in bed or taking care of the children, or young men who are still developing their own values on respect and relationships, how will this encourage respect of women in our society? What about our young females who are growing up, what messages are we sending to them?; They should expect be used to meet the social sexual needs of a man, Relationships are based on a man's needs and you must be there to nurture and raise a family and it is ok for your partner to pursue other sexual avenues (using the family income to buy another women's flesh for a couple of hours), Sex is not part of love it is a disposable commodity as are the women who provide it? or even sex and love are two separate things? When we think of the girls growing up in our communities we know have influenced they are by the promotion of beautiful women in the media and what they are doing, the same applies on a more local level which leads me on to ambition. The reasons why women are choosing this career path: This should be a huge consideration. Why would a women strip herself naked and dance in front of strangers,for a living? Is there an underlying psychological reason for this behaviour? For example; could it be a subconscious receipt of acceptance and acknowledgement from men which fulfils an underlying need that perhaps was not met when they were a child i.e. father/daughter relationships. Or is it the pressures of a society that celebrates consumerism where people are never happy with what they have and so this is a gap in the consumerist relationship market? Or perhaps it is the money - after all, as explained above women are still receiving less income for the same jobs as men, this has an effect on career options. Can a woman make better money for selling her body in a society where it is a struggle to survive? Particularly in Cornwall where we have such high levels of deprivation. If this is in fact the case, surely there needs to be a shift in employment policy and an increase in wages to enable sustainable living in a healthy environment? I would like to ask one final question. After consultation with the public, who will ultimately make the decision about our policy? Will it be an equally gendered panel of people from the council? I fear that the opinions of men and women could differ greatly in this particular arena. Therefore it would be only right to have representatives of both sexes in equal measures making the decisions. Further to this I wonder if you will indeed be taking into consideration the views and voice of the general public in your final decision and to what degree? Have you sought the views of the majority or minority? have you covered the views of people living in the direct vicinity as well as others that will be affected by your decision or have you left it to those of us with strong opinion to come forward? Thank you for taking the time to read my contribution. I feel that morally you have a very easy decision to make. Although the responsibility of the consequences of your decision will be a large one either way. For the sake of our children, families and communities I ask you to make the right choice.

Mrs R (70) 17 Oct 2010

Now that a step has at last been made to clean up Newquays sleazy image,could you please do your level best to ensure that we do not have to waste any more money tackling such issues again, by ensuring that Cornwall has a zero limit for all such activities. Newquay wants a strong FAMILY image again and then the locals as well as the tourists can rest easy.

Ms C – Newquay

17 Oct 2010

I would like to see the end to lap dancing clubs in newquay.

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(71) I have two teenage daughters aged 19 and 13, my eldest daughter has been subject to unwanted sexual advances by many men on stag party nights out in Newquay, my youngest also has been leered at in the town centre while out shopping with me on a saturday afternoon.

I also have a 17 year old son who can at times feel intimidated by large gangs of drunken males who roam the streets of Newquay as they move from one pub to another chanting loudly in foul language often wearing crude attire.

I feel very strongly that we are encouraging young men to come to Newquay for a weekend of booze and sex by continually advertising stag events and sex orientated nights out in clubs such as the lap dancing ones in Newquay.Newquay should be focussing solely on attracting the family and surf pound, at the moment it is the easy option to go for the stag pound.

We have many expensive flats in Newquay wiating to be sold, would you spend over 1/4 of a million pounds to live in a town which sees fit to encourage a more sordid night time economy.

I would like to back the zero cap on lap dancing clubs as I feel this is a step forward in reclaiming a family orientated Newquay.

Miss C – Newquay (72)

17 Oct 2010

I support the zero cap on lap dancing clubs in Newquay wholeheartedly. Being a 19 year old girl living in the town has meant i have experienced first hand the "joys" of stag do's descending upon the town on friday and saturday nights. I would have no problem with them if they didn't loiter outside the said lap dancing clubs leering and jeering at passing by women. Even the bouncers at the doors to the clubs enjoy calling out, inviting women inside to "work". These lap dancing clubs pose a great threat to all the respectable residents in the town and even tourists looking for a nice night out with friends. Something needs to be done.Thank you.

Mrs P (73) 17 Oct 2010

I would like to register my objection to lap-dancing clubs in Newquay. I think they are totally inappropriate for any small town.

Last Christmastime my 4 yr old granddaughter was climbing up on the tractor and trailer ride provided by the Rotary Club of Newquay, She saw the angel in the upstairs window opposite the old Woolworth’s building and asked if she could go there. It is in fact Halo’s, a nightclub with adult entertainment.

Obviously I couldn’t give her the real reason why it was not a suitable place to visit, but it should not be on the High Street, please put a stop to these in our town.

Mrs D – Newquay (74)

17 Oct 2010

I believe the Council can and should set a zero cap of nil for the Central Ward of Newquay. My reasons are many.

It is ridiculous to suggest that lap dancing clubs do not impact on the lives of those who live and work within the vicinity of the club. Although the ‘activities’ may take place behind closed doors, the advertising, the dancers and the punters do not remain behind closed doors. What they do attract to the town are sex tourists who impact on the wider community. Many people who live in the town or visit the town on a regular basis have become intimidated by these tourists. My 18 year old son, for instance, has had to protect his 18 year old girlfriend from groups of men who ask her to kiss them in the street, slap her bottom and make generally lewd and suggestive remarks to her. I have walked through town with my 8 year old daughter and passed dancers in the street inviting men into the club to see their tits. (Their words not mine.)

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Newquay Central Ward is an inappropriate location for lap dancing clubs due to the intensive residential areas within the ward. There are also a number of churches, play groups, sheltered accommodations, schools and community venues for WI, Brownie and Guides, and other youth meetings, all within a few hundred yards of the main town centre.

Lap Dancing clubs in Newquay Central Ward have had a serious impact on other local businesses and will continue to do so if the cap is not set at zero. I used to run a B&B but had to close when the families and couples I relied on for my income stopped coming due, they told me, to feeling uncomfortable with what they called ‘strip clubs’ within the town. The only enquiries I was getting were from groups of men. Obviously, with an 8 year old daughter I could not invite them into my home and so have been forced to close my doors.

Lap Dancing clubs do not promote Gender Equality, a duty which the Council needs to take seriously under European Legislation. They have a negative impact on the women of the town who are unable to feel equal knowing that some of them are being sold by some businessmen to other men for money. This is not harmless fun but extremely damaging to most women in the town.

Lap Dancing clubs do not protect our children from harm. Young women will grow up in the belief that their worth is measured by how much a man is wiling to pay to see her naked body, and young men will grow up with the view that women are a commodity.

Newquay has recently suffered from a lot of negative publicity and needs to make a statement to the country and to the world that it is doing all in its power to change its image and to re-attract the family market. Saying no to lap dancing clubs would be a real and financial boost to the town, encouraging a more wide ranging business community and a more diversified visitor. I therefore ask the Council to support the people of Newquay and set a cap of zero for the Newquay Central Ward.

Dr S – Newquay (75)

17 Oct 2010

I am writing to express my views on the licensing of lapdancing clubs in Cornwall. As a young (ish - 31!) female living in Newquay, I feel that lapdancing clubs have become too prominant in the centre of a small resort in Cornwall. Whilst lap dancing clubs are found in many larger cities throughout the developed world, and in larger UK resorts such as Brighton, Blackpool, Bournemouth, etc. Newquay as a resort is much smaller in comparison. In larger resorts, it is possble to go out and avoid locations near lapdancing clubs & their "gentlemen" clientele. However in smaller places like Newquay this is impossible, and means that all visitors and families that venture into the town see the clubs and cannot avoid mixing with their customers on the streets outside.

I also feel that the clubs help to attract less desirable tourists to Newquay in partcular - many towns in Cornwall have a thriving tourist business with no lap dancing clubs, such as Falmouth, St. Ives and Padstow. The dominance of a few large bar owners and links to lapdancing clubs has led to Newquay being marketed as a holiday location for crass sleazy men to visit to get drunk & get laid. As a local, these tourists (men in particular) also harass women like myself when they are out.

I believe Newquay, and Cornwall as a whole has great potential to be marketed as a location for holidays and stag / hen do's based on coastal activities such as surfing, coasteering, sailing and climbing combined with a varied nightlife that uses good local music from bands and DJs and the promotion of local cider farms and breweries.

Newquay primarily needs a wider variety of nightlife - the cinema, more shops and more restaurants as well as the many bars / clubs that exist which are numerous & often closing down / changing hands.

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I therefore believe that reduction or zero-cap on lap-dancing establishments would be preferable - and if some visitors choose not to come because there are no lap dancing clubs then it would probably be a good thing, provided that alternative marketing is used to attract tourists (who might perhaps have been put off by the very people that lap-dancing clubs attract).

Ms B (77) 17 Oct 2010 I would like to see the amount of lap dancing clubs in Newquay set at a zero cap. I feel its damaging the

town and its not something that a family orientated town needs. Newquay is a holiday town which gets full of children and i feel that having these such clubs around not suitable. Its degrading to women, brings in bad people and is also dangerous to the women who choose to work there, and pay to work there! Its ridiculous!

Mrs M – Newquay (78)

18 Oct 2010

In Newquay we have 1 Outstanding Infant School, 2 Good and 1 Outstanding Primary schools and both secondary schools are judged as Outstanding by Ofsted. There are very few towns in the United Kingdom that can boast such an incredible level of education for their children.

All the schools in Newquay work hard to create aspiration in the young women of Newquay to ensure they enter the world of work with excellent life chances.

FACT- Recent surveys have suggested that 63% of young women aspire to be glamour models. 25% want to be lap dancers and only 3% teachers.(http://www.manchestereveningnews.co.uk/news.co.uk/news/s/161/161338_naked_ambition_rubs_off_on_teen_girls.html)

So I must question what contribution do lap-dancing clubs and strip clubs make to our outstanding community? The schools in Newquay are achieving so much but by licensing such clubs to operate, Council Members are saying that working in lap dancing clubs is an acceptable job for our young people to aspire to. Licensing these venues tells our students that it is acceptable for them to work in an industry that is built on the exploitation of vulnerable women. From the age of 7 pupils at Newquay Junior School are confronted by Tall Trees and know exactly what it is and what it sells.

When judging the quality of provision in my school I always use the measure “would this be good enough for my own child?”

I would therefore ask the members of Cornwall Council when they are making the decisions to grant licenses for lap dancing clubs to question “would this job be good enough for my child?” I think I know what the answer would be.

Lap dancing is not a good enough job for any of the wonderful, vibrant young people in Newquay. They deserve to live in a community where they are valued and not vulnerable. A community where they feel protected by their town and not scared because of what it contains.

FACT- Eaves Housing conducted research into the effects of licensing and attitudes to lap dancing establishments in two boroughs of London, including Camden. They found that in the 3 years before and after 4 lap dancing venues opened in Camden incidents of rape increased by 50% and sexual assaults by 57%. They also found increased levels of harassment of women in the area and fear of violence.(Eaves (2003) “Lap dancing and striptease in the Borough of Camden”)

Hackney Council have set their cap at nil and Cornwall Council can set the cap at the same level. If the young people of Hackney are valued enough for there to be no lap dancing clubs, why not the children of Newquay? It is our role to protect and nurture them and that does not stop at the school gates, it is the

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http://www.manchestereveningnews.co.uk/news.co.uk/news/s/161/161338_naked_ambition_rubs_off_on_teen_girls.html

http://www.manchestereveningnews.co.uk/news.co.uk/news/s/161/161338_naked_ambition_rubs_off_on_teen_girls.html

responsibility of us all and that includes those with the power to grant licenses.

Mrs B - Newquay (79)

18 Oct 2010

I am writing to register my support for a zero cap on lap-dancing clubs in Newquay. RT suggests that: “…with little or no adult entertainment in town, (customers) will choose to go to Torquay or Bournemouth and give Newquay a miss”. However, Newquay has only acquired adult entertainment in the town in recent years, and it is not and should not be fundamental to what the town can both offer and profit from. A lap-dancing club IS part of the sex trade. Customers might not enter the establishment for sex but the club undeniably provides sexual stimulation, since it profits from customers’ purchasing of lap-dances performed by naked or semi-naked women. RT admits that dancers do go within three feet of customers when a dance is NOT taking place. This means the 'entertainment' on offer cannot be described as wholly performance-based, since a physical element is also undeniably possible during a visit. Setting a zero cap in Newquay provides us with a unique opportunity to operate as a world-class tourist destination which does NOT support the buying and selling of women on its high streets. RT states that ‘whether or not you agree with adult entertainment clubs, they are part of our life now’. However, the fundamental issue here is that they don’t have to be; we have a choice! We should not allow Newquay to be pressured into the misguided view that sex establishments are acceptably integral to the town’s popularity and prosperity as a tourist destination.

Mr B – Newquay (80)

18 Oct 2010

Zero tolerance please without a shadow of doubt

Why should council tax payers pay to police a club that was never wanted and who's clientele are from outside of the area ie mainly stag and hen parties?

Newquay council would prefer Newquay not to be a stag and hen venue. The majority of residents don't want stag and hen parties

Newquay is only a small coastal town labelled as 'Nooky Newquay' and clubland. Whereas it should be tourism's jewel in the crown attracting people from all generations particularly families.

If ,as a society we have to have sex establishments, they should only be allowed in large cities ie Plymouth, Bristol etc

Lap dancing and sex establishments are degrading for females and entice young vulnerable girls with the lure of high earnings Let's not kid ourselves, Sex Establishments mainly attract people who are looking for sex.

Mr C – Newquay (84)

18 Oct 2010

I would like to see A NIL CAP FOR LAP DANCING CLUBS IN NEWQUAY. Newquay was and always should be a family resort and not brought down by these sleazey pubs/clubs.I do not want my little boy growing up in a town full of sleaze and filth.

Ms W (85) 18 Oct 2010

I would like to make it known that I want a nil cap for lap dancing clubs in Newquay.


19 Oct 2010

As Headteacher of the largest secondary school in Newquay (with well over 1600 students on roll) and one of the largest in Cornwall, I am writing to express my very grave concerns and objections regarding the potential proliferation of lap dancing clubs in our town. As the Council is very well aware, we are doing our utmost to improve the image of Newquay nationally and to promote responsible and safe behaviours amongst our youngsters. Our school has just received an "Outstanding" judgement following a recent inspection. The safety and wellbeing of our students was singled out for very high praise. Our Sex &

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Health education strategy seeks to promote loving and caring relationships, based on self and mutual respect . I feel that the presence of clubs such as these in the town positvely undoes all the good work we are doing. There is much evidence to show that sex establishments can have a damaging effect on children's attitudes and I am in no doubt that they contribute to the town's negative image. I urge the council to stop licensing them in Newquay.

Mr S – Newquay (89)

19 Oct 2010

I am writing to you to request that you set the cap for the number of Sexual Encounter Establishments in Newquay town centre, at zero. I am a Newquay resident and know first hand of the drink related problems that the town centre faces during the summer months and of the poor image that Newquay has both nationally and within Cornwall. I do not wish to see the towns' image further besmirched by the presence of said clubs in our town centre. Cornwall has whole and Newquay in particular can and has done o.k. without the existence of these Gentlemens Clubs.

Newquay is situated in a stunningly naturally beautiful place and has five marvellous beaches and a vibrant surfing scene and as such is a magnet to visitors to Cornwall. Over recent years, due to lax licensing by, the now defunct, Restormel Borough Council, Newquay has gained a reputation as something of a party town where anything goes. Newquay now has a thriving “night time economy” with all the attendent alcohol related problems that this brings.

The town has found itself as an attractive place for Stag and Hen party's to come to. I am not keen on the Stag and Hen party thing as we (Newquay residents)generally have to put up with large groups of drunk people and sometimes this can be quite threatening. I speak as a male who is generally not intimidated very easily, even so during the summertime I tend to stay in on weekend evenings. This is not to mention the criminal damage to property, noise and people urinating in the sreets.

If Newquay as a town is going to seek to attract Stag and Hen Parties it should try to attract both Stags and Hens equally. At present there appears to be far more Stags than Hens. At the moment there seems to be Ten individual men to One indivual lady. The Hens it seems to me are not coming to Newquay anymore. This is why I believe the cap should be set at zero. By having any Lap Dancing clubs in town, we are only attracting Stags and also making Newquay an unatttractive place for ladies, couples and families to come to visit. This in the long run can only be detrimental to the town.There are many individual people, parties and groups in Newquay (The Newquay S.A.F.E. initiative being one of the more prominent ones) who are working very hard to enhance the reputation of our brilliant town. Please do not destroy their, mine and our hard work. Please set the cap for Newquay at zero.

Cornwall and Isles of Scilly SARC Partnership Board (90)

19 Oct 2010

Thank you for the opportunity to contribute to this consultation. I am writing on behalf of the Cornwall and Isles of Scilly Sexual Assault Referral Centre (SARC) Partnership Board. The Board has representation from a range of partners including Third Sector organisations, Devon and Cornwall Police, Cornwall Council and the NHS.

The Board wishes to highlight the potential for increased risk of sexual violence to women as a direct result of an increase in sex establishments in the County. We wish to draw attention to the work of Dr Linda Papadopoulos who has researched causal links of sexual violence and refers to links with lap dancing clubs, the sexualisation, objectification, and the commodification of women. It is important to note that her findings have been supported by a further nine separate studies. She concluded “…With the ubiquity of sexualisation and the increasing pornification of society has come the mainstreaming of the sex industry, as exemplified by the proliferation of lap-dancing clubs. Sexualisation – and the commodification of women and girls – is now so ingrained in our culture that lap-dancing is widely viewed as acceptable, ‘making the harm of commercial sexual exploitation invisible’….” The Board is deeply concerned about the increased risk to women who work in the sex industry and to all women and young girls in Cornwall.

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It has been suggested that there is a conflict in the Governments policy position (Violence against Women & Girls Strategy versus Legality of Sex establishments). The Board believes that the logical response to this conflict should be to take a robust view (as some other authorities have done) in restricting to an absolute minimum, the number of establishments’, their locations, hours of opening and activities.

There is a need to ensure that women and girls employed in these establishments (‘performers’) are able to make a free and informed choice, by building contractual requirements into the licences. The Board supports the recommendations made by Michelle Davies, Domestic Violence Coordinator for Cornwall and Isles of Scilly. These are - “…Performers must have the freedom and capacity to consensually enter into a contractual agreement with the ‘employers’. ‘Employers’ must ensure that ‘performers’ conform to hours stipulated under ‘Working hours regulations’ or in choosing to sign out of this, ‘performers’ must have the freedom and capacity to make an informed decision…”

We have seen reported in other parts of the Country that illegal people trafficking is linked to some lap dancing clubs. With the ‘light touch enforcement described in the proposals, how will we know if this is happening in Cornwall, or if the girls/women have made an informed choice or not?

We would be grateful if these comments are noted when considering how this issue is handled in Cornwall and Isles of Scilly.


19 Oct 2010

I am writing in response to the Lap Dancing Club in Newquay. This is my town, MY TOWN, I live here, my children were born here and they are now fully functioning working adults in Newquay. I have discussed this with them and we as locals all agree that this issue should be a closed book. Our town does not need this type of entertainment(?). It creates a horrible atmosphere in this area, as you have, at the end of the day, horny drunk men wandering through our town. They are brash, loud, offensive and in the case of female visitors and locals are damned dangerous. We need to encourage family nights and things for children to do. They do not need to see men falling over drunk, peeing in the street, fighting etc. Do something positive for Newquay and cap this Lap Dancing rubbish, once and for all. We will fight this until we who live here win.

Mrs MacL (92)

19 Oct 2010

I wish to use the powers that the government have given me, and have a say about how my town is "managed" by contributing to the consultation that is taking place. I am the mother of two young children, a girl of 11yrs and a boy of 7yrs. I live near the centre of Newquay town with my husband, children and a dog. We love our town but have been witness to a steady decline in the way things are going. It is quite rare that we now go into town as a "family" due to the experiences we have had and witnessed eg half naked girls in the streets "touting" for business at a lap dancing club, behaviour exhibited. This obviously brings certain kinds of attention and it is not restricted to the girls themselves. This has occurred during the day, when young families are out and about which obviously, if you dont wish your children to see this behaviour and think it is the norm (BECAUSE IT ISNT!!!!!!!!!!) despite what some people may say, you then avoid. I do not take my children out in the town in the evening and this is encroaching on THEIR rights to have access to their home town. The general behaviour of the groups of people visiting our hometown who obviously do not feel that respectful behaviour to person or property is required. This must be affecting the businesses in our town as I know many people steer clear of the town centre and take their business elsewhere. My children both attend Newquay Junior School, a fabulous school that puts its childrens needs as a priority. Unfortunately, across the road is a nightclub with a lapdancing license, this is a most inappropriate place for this to be situated. I know that the school has problems of discarded bottles and used condoms being thrown over the fence. Obviously this is a massive physical risk to the safety and well

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being of the children (and staff). This is also a massive risk to the mental well being of the children. They will grow up being desensitised to this type of sexual entertainment. I, for one, DO NOT wish for my beautiful daughter to grow up thinking that this is a goal that she could achieve when thinking of a career. Nor do I wish my son to grow up thinking that it is OK to treat women as objects. I am working hard to build my childrens self worth and self respect, I feel that having a lap dancing club across the road from an educational establishment is a direct contradiction. "Anybody can achieve anything if they work hard enough!!!!!!!"..... that is the message I would like my children to learn. On the journey to and from school, my children have to walk past Tall Trees night club with its lap dancing license. They also have to walk past Halos lap dancing club. Thankfully Divas no longer has their license so they do not have to pass that on the way to Towan beach, although I believe Corkers and The Chy still have their licenses. Four lapdancing clubs in such a small area.... an excess by anybodys standards surely!!! I have, since the decline, had to change my route when going home in the evenings as I do not feel safe walking through the town. I feel that this town is a no-go area for many individuals and it has not always been this way. Newquay has always had a good night time economy but was able to have this without the lapdancing clubs. The lapdancing clubs are attracting a different type of "customer", one that has no respect or consideration for others (I am sure there will be the odd exception to this rule). My Mother and my 10 yr old nephew had a dreadful experience in the town with young men which he still talks about now. The most recent experience I had (crime number obtained as I reported this when reaching home), was when out walking on the Killacourt with my children and dog on a lovely sunny afternoon trying to relax after a hard week at work. I observed a "gentleman" urinating against the wall of the retirement flats and decided that I didnt wish my children to observe this behaviour, so moved further along. I stopped to chat to an elderly lady who was admiring my dog when I noticed that the "gentleman" who had previously been urinating, was now driving a petrol powered remote control car AT my children, circling them. He obviously thought this was highly amusing, I did not. He directed the car at my dog also and then at another passer by and his dog. I decided to leave and asked him not to direct the car at my children. I was not rude or aggressive, my children were present and I am trying to bring them up to respect and have consideration for others. The "gentleman" then hurled a torrent of abuse and swearing at me (in front of my children) causing much upset. I believe that this is the kind of person being attracted to Newquay and this behaviour is becoming more the "norm" and I feel that would be a great shame. Please take mine and all others feelings about this matter into consideration and agree on a Zero cap for Newquay Central Ward. Help us to improve Newquays image and our childrens home and future.

Miss D - Chair - Youth Food Movement UK – Newquay (94)

19 Oct 2010

I would like to commit to record that I would like you to set a ZERO cap for lapdancing clubs in the Newquay Central Ward, and the rest of Newquay and Cornwall. It does not feel safe in the streets at night due to 'sexually aroused' men loitering outside of Halo's. If I walk past even at reasonable hours there are women barely dressed touting for trade and men who think that any woman in the street is as available as the 'dancers'. It is intimidating and threatening. I took my young visiting cousins (Aged 13 and 15) to go fishing at the Fly Cellars and on the way home they were shocked and embarrassed by the Halo's promotional girls walking up and down the high street when it wasn't even dark. I think that a lapdancing club in an area where there are over 700 children living in the area is a shocking situation. It works out that at present there is 1 lap-dancing license per 187 children in Newquay Central ward area whereas the national average is 1 lap-dancing license per 33,600 children.

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Thank you for adding this to the other concerned residents of Newquay on this matter.

Miss R - Green Foundation Project Assistant – Boldelva (95)

19 Oct 2010

I would like to support the opinion of Miss D (above).

Ms E-D – Newquay(96)

19 Oct 2010

I would like to commit to record that I would like you to set a ZERO cap for lapdancing clubs in the Newquay Central Ward, and the rest of Newquay and Cornwall. It does not feel safe in the streets at night due to 'sexually aroused' men loitering outside of Halo's. If I walk past even at reasonable hours there are women barely dressed touting for trade and men who think that any woman in the street is as available as the 'dancers'. It is intimidating and threatening. I took my young visiting cousins (Aged 13 and 15) to go fishing at the Fly Cellars and on the way home they were shocked and embarrassed by the Halo's promotional girls walking up and down the high street when it wasn't even dark. I think that a lapdancing club in an area where there are over 700 children living in the area is a shocking situation. It works out that at present there is 1 lap-dancing license per 187 children in Newquay Central ward area whereas the national average is 1 lap-dancing license per 33,600 children.

I agree entirely with the points made here by my daughter. Newquay tourism and Newquay residents, and Cornwall as a whole have enough attractions for the majority of holidaymakers without stooping to the lowest common denominator. Yet more worrying, and this may sound far fetched but it is already true of other towns where this kind of sex industry has become established, there are strong links of gangsterism being involved with this kind of business, plus the crime and violence which is associated with it. Recent sources have revealed that these businesses are even attracting interest from such organisations as the Russian mafia. There is no smoke without fire and one dreads to think what might evolve if things go any further, and such criminal elements are encouraged and attracted to our streets by this kind of business activity.

A total STOP is essential to avoid a frightening deterioration in the town and the county. Thank you for adding this to the other concerned residents of Newquay on this matter.

Chairman Newquay Town Residents Association (97)

19 Oct 2010

We the Newquay Town Residents Association have been campaigning to bring law, order and respect back to the streets of our town.

In 2009 we gathered a petition of 3500 signatures of local residents requesting Cornwall Council to take action over the problems caused by the so called night time economy.

Our streets at night become a no go area for family tourists and local residents, drunkenness, violence, anti-social behaviour, vandalism and noise seems to be the norm with stag and hen parties staggering from bar to bar hurling abuse at everyone in sight. Organised bar crawls have also had a devastating effect on our street scene with up to 50 people in a group causing mayhem as they stagger from club to club.

Two lap dancing clubs have been operating neither of which has obtained planning permission for the change of use from a restaurant. One of the clubs Divas has had its adult entertainment removed due to

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bad management and the circumvention of the objectives of the licensing act. The males leaving these clubs are usually sexually aroused and under the influence of alcohol and present a significant risk to females frequenting the town. It should be noted that the majority of sexual assaults and rapes are not reported to the police and therefore it is impossible to accurately give figures for these type of offences.

The lap dancing clubs are situated in Bank Street in the centre of the shopping area and Gover Lane which is the main road leading to Towan Beach the main beach used by famalies with children.

Families on holiday are frequently accosted in the streets by scantily clad girls from the clubs touting for business and attempting to get any male to enter their club.

Newquay is a Cornish family holiday resort and as such lap dancing clubs do not fit into the image of our Cornish town which has suffered from poor planning and licensing decisions of the past.

Sex encounter establishments should not be situated in shopping areas, residential areas or in the proximity of schools, places of worship and areas frequented by children.

Newquay has a sex shop situated in a back service road with no blatant advertising and causing no offence or generating any problems this is acceptable and appears to be well run.

We the Newquay Town Residents Association would therefore ask that under section 11.2 of the draft policy a for a cap of zero to be set on lap dancing clubs and sex cinemas for the central electoral division of Newquay.

Ms D – London (98)

19 Oct 2010

I would like to commit to record that I would like you to set a ZERO cap for lap dancing clubs in the Newquay Central Ward, and the rest of Newquay and Cornwall.

I have family living in Newquay and used to live in Newquay myself while at school. My husband, myself, our young daughter and I am expecting our second child have decided to relocate next year and move back to Cornwall from London.

We are both successful professionals and wish to continue or professional development when we move to Cornwall. We feel that this will be more possible in other areas of Cornwall so we will not relocate to Newquay to be near family. Although my family live in Newquay I am reluctant to visit them because of the development of lap dancing clubs and under age drinking. It often makes a visit an unpleasant experience and one that I would rather avoid my young children experiencing.

It is shame because my husband would not consider relocating to Newquay under the current circumstances it is not a desirable town for a young professional family to bring up young children. I am willing to forgo the additional support and help from my family to avoid an environment that if full of alcohol, excess and an over development of the sex industry.

I think Newqay needs to really consider what its overall aspirations and what type of person it would like to see relocate to its streets. It needs improved economy and cultural development from professionals and creative input which would do its beautiful environment justice not negative industry that does little to support the community. It does not feel safe in the streets at night due to 'sexually aroused' men loitering outside of Halo's. If I walk past even at reasonable hours there are women barely dressed touting for trade and men who think that any woman in the street is as available as the 'dancers'. It is intimidating and threatening.

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I think that a lap dancing club in an area where there are over 700 children living in the area is a shocking situation. It works out that at present there is 1 lap-dancing license per 187 children in Newquay Central ward area whereas the national average is 1 lap-dancing license per 33,600 children.

A total STOP is essential to avoid a frightening deterioration in the town and the county. Thank you for adding this to the other concerned residents of Newquay on this matter.

Ms H – Redruth (99)

19 Oct 2010

I am writing to engage in the democratic process of Public Consultation initiated by Cornwall County Council with reference to the application of a cap on the licensing of Sex Establishments in Cornwall. I have read the draft document created by CCC and have reached the only conclusion possible. This document appears to give the impression that, in the face of opposition across Cornwall the cap will not be set at Zero, but at a level designed to support and encourage the presence of Sex Establishments in high streets across Cornwall.

I am currently working in the Post Compulsory Education sector in Cornwall College. I teach inspirational and talented young people across a number of subjects. These young people are filled with the enthusiasm about their skills and abilities, driven to work hard and achieve great things in their lives both in Cornwall and around the world. These young people take the name of Cornwall around the country, indeed around the world, going on to study and work in commerce, creative arts, education, health care, medicine, sports, environmental research, mining... the list goes on.

In the face of my personal knowledge of the abilities that abound in our cornish children and young people I am surprised to read the document written by Cornwall County council that purports to provide the 'service' of Sex Industry employment for the young women and girls of this county. Is the council really suggesting that the daughters of this county should be given career advice that advocates selling themselves for the sexual gratification of Sex Tourists? I am saddened to discover that Cornwall County Council has such a low opinion of the young girls and women of this county this should be actively encouraged as a career choice. The placement of these Clubs in our towns by the Councils own hand supports this, in a society where 66% of teenage girls aspire to be glamour models. (http://www.manchestereveningnews.co.uk/news/s/161/161338_naked_ambition_rubs_off_on_teen_girls.html)

The Council appears to suggest that the girls and young women of Cornwall are only good enough to be bought and sold on our High Streets. These Establishments do not, as implied by their owners create empowerment for women, they fuel a sexist culture in which it is increasingly acceptable to treat women as sex objects, not people.

This has been recognised by the UN Convention on Eliminating All Forms of Discrimination Against Women since 1979 as having clear links to discrimination and violence against women. Areas surrounding lap dancing clubs can become ‘no-go’ areas for women with many women and girls reporting that they feel unsafe in the vicinity of such venues. My personal experience of this is of being verbally sexually abused in the center of Newquay while walking past a Lap Dancing venue in the early evening with my family and children. The areas around these clubs in Newquay have become areas to avoid for any woman or family who wishes to remain safe and un - threatened.

Research reveals that individuals performing in the clubs face exploitative working conditions. This is supported by evidence held by Devon Constabulary referring to the L2 Club in Plymouth where CCTV cameras showed Lap Dancers being assaulted by customers while at work.

Dancers' are required to pay in advance for the right to work, starting their employment in debt of up to £1000 per month's employment. They have no contract of employment and as such no protection by

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http://www.manchestereveningnews.co.uk/news/s/161/161338_naked_ambition_rubs_off_on_teen_girls.html

http://www.manchestereveningnews.co.uk/news/s/161/161338_naked_ambition_rubs_off_on_teen_girls.html

employment law. The Club owners profit from the Dancers before they have started to work, the Club owners then take up to 80% of any further earnings. Cornwall County council, in supporting these businesses is encouraging Employment practices that support discrimination and sexual assault in the workplace. Would the Council members recommend such a 'career choice' for their own daughters and granddaughters, nieces and family friends? If not your daughters, then whose daughters do you suggest we, as advisors to the young people of Cornwall, recommend this career to? As we work hard to support equality and diversity in education, society and business, as required by the Equality Act 2010, how does CCC support such a gender biased piece of legislation?

I would very much like to hear how we should take this forward for the young people who make up the future of Cornwall.

The following points are of greatest concern;

1- What advice should we give the sons of Cornwall in respect to this Council supported business venture? Are we truly to teach our sons that the children they have grown up with are now available to be bought and sold in a nightclub on the local high street? As the parent of a happy, kind and respectful 10 yr old boy, perhaps the council could support me in educating him in the protocol for entering a Lap Dancing club in 8 yrs time to buy the services of a school mate? At what point in his education should I teach him the contempt that the council has demonstrated for the women and girls of cornwall?and how does this promote Gender equality in our society? a pre-requisite of all government funded process.

2- The draft document Cornwall County council actively encourages the buying and selling of women and young girls in Cornwall. A Lap Dancing club in Newquay recently lost its license to provide Lap Dancing subsequent to a litany of illegal actions on the premises, including employment of underage girls, drugs use, allowing the sexual assault of employees, so 'young girls' is appropriate in this context. How does the creation of a CCC protected Sex Industry on every cornish high street imply a positive step for Cornwall and its residents. How does this support the Councils own requirement to embed Equality in their provision of Council services to Cornwall?

3 - The council is required to carry out a Gender Impact Assessment on any new legislation it introduces, I have as yet been unable to evidence this on the Councils own website or document library. I would be grateful know that CCC has taken into consideration the impact of this extraordinary piece of legislation on both boys and girls in Cornwall.

The relevant sections of the Equality Act 2010 with regards to the duty of Public Sector organisations such as CCC apllies;Public sector equality duty(1)A public authority must, in the exercise of its functions, have due regard to the need to—(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;(b)advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;(c)foster good relations between persons who share a relevant protected characteristic and persons who do not share it.(2)A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).(3)Having due regard to the need to advance equality of opportunity between persons who

The Council is required to carry out an Equality Impact Assessment on the Policy and conditions. This has been carried out and will be published on the Council’s website in due course.

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share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—(a)remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;(b)take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;(c)encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.(4)The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities.(5)Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—(a)tackle prejudice, and(b)promote understanding.(6)Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.(7)The relevant protected characteristics are—age;disability;gender reassignment;pregnancy and maternity;race;religion or belief;sex;sexual orientation.(8)A reference to conduct that is prohibited by or under this Act includes a reference to—(a)a breach of an equality clause or rule;(b)a breach of a non-discrimination rule.

The full document is available here; http://www.equalities.gov.uk/equality_bill.aspx

4- The use of the term 'locality' in the document appears to suggest that a certain part of Cornwall should be set aside to house these Sex Establishments. In a reflection of their partial attitude to the girls and young women of Cornwall, the Council appears to suggest that only certain localities in Cornwall are fit to house this 'service provision'. Which towns would the Council select as suitable for the next 'locality' of Sex Establishments. On what evidence does the Council select areas of Cornwall to be turned into these Red Light districts?

5- The first locality that appears to have been chosen is Newquay, where the current ratio of children per Lap Dancing licenses 1:187. that is, 1 Sex Establishment License per 187 children. This astonishing figure stands at 180 TIMES the National Average of 1: 33,600 children. Is the Council proud to be the only Local Government Authority in the country who inflicts this upon its children? Do the residents of other areas in Cornwall have these statistics to look forward to as their own high streets and local shopping areas are turned in spaces where 'the presence of Lap Dancing clubs and exotic dancing clubs make women and children feel threatened or uncomfortable' (The Royal town Planning institutes guide to 24 hour planning).

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http://www.equalities.gov.uk/equality_bill.aspx

6- The Council in this respect seems to be advocating the creation of a Cornish Red Light district in Newquay. This in the face of vocal and publicly recorded opposition from Newquay Town Council, local Head teachers, Local Parish Councils, Newquay Town Centre Residents Associations and nationally from the Local Government Agency Association, the Royal Town Planning Institute's regulations on Gender equality and European legislation on Gender and Equality.

7- I note further the section in the document in which the Council, having paid lip service this Public consultation process to create a cap of License numbers, retains the authority to 'increase' this cap at any time in future. I note there is no equivalent option to REDUCE the cap. What process does the Council intend to introduce to facilitate the reduction of the cap at any point in future?If CCC does not intend to advocate a balanced legislation, it is seen to be interfering to positively influence the business interests of certain establishments over others. This is the definition of a conflict of interest at the heart of Cornwall's local Government, where the Council prejudices for or against specific business interests by their actions. CCC in this action abdicates any right to describe itself as REPRESENTATIVE of its electorate as by its actions it represents only the owners of these Sex Establishments.

I strongly urge the Council to consider the overwhelming response of its electorate i.e. the people who voted you into power, and following the actions of Councils around the country, Glasgow and Hackney, set the cap at ZERO.

Give Newquay and Cornwall the opportunity finally to move forward into a diverse and positive future for all its residents, visitors but most importantly for all of our children.


19 Oct 2010

I am writing to oppose the licensing of ALL lap dancing clubs in Newquay and I would like you to set a ZERO cap for lapdancing clubs in the Newquay Central Ward, and the rest of Newquay and Cornwall. It does not feel safe in the streets at night due to 'sexually aroused' men,often in groups, around the town centre. The atmosphere after dark - and sometimes before dark - is intimidating and threatening. Newquay is primarily a family town and somewhere where generations have grown up and continue to do so. It feels wholly inappropriate to give such prominence to lapdancing in the heart of our community. It sets a tone of sexuality and is surely not the primary message we wish to give our young people, boys and girls alike. I understand that there are over 700 children living in the immediate area - and it works out that there is 1 lap-dancing license per 187 children in Newquay Central ward area whereas the national average is 1 lap-dancing license per 33,600 children. Children cannot remain unaffected. I believe that Newquay and its residents deserve better. I also think it is totally out of keeping with the beauty of the natural landscape that we should have such premises. I fundamentally believe that Newquay should be seeking to clean up its act and be a safe and inclusive family destination, for both local residents and visitors. Whilst I appreciate that people wish to drink and socialise in licensed premises and that moving the town forward will take time, lapdancing is a step too far - it is derogatory to women, maintains sexual inequality and brings the town into disrepute. Thank you for adding this to the other concerned residents of Newquay on this matter.

Ms E – Truro (101)

19 Oct 2010

I would like to request that the licensing committee set a cap of nil on lap dancing clubs in all areas of Cornwall and in particular in the central area of Newquay where there are currently 4 licenses for lap-dancing.

I used to live in Newquay and worked when I was a teenager at one of the licensed premises in central Newquay. After work, I would have to walk on my route home, past the groups of men queuing for entry at

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the lap dancing clubs and groups of men hanging around after leaving the lap-dancing clubs. It was impossible to avoid this route home as one of the clubs was on the main route through the town towards my home.

I was constantly sexually harassed and had to field comments that were both offensive and threatening. I was on more than one occassion followed home. I gave up my job in the end as I found the walk home intimidating and I became more afraid. Despite knowing that most women are attacked by someone they know, I became increasingly afraid. I got used to carrying a personal alarm in one hand and a whistle in my mouth fearful of an assault. The groups of men that were hanging around in the town and spilling into residential streets still appeared to think that their behaviour was normal.

My family live in Newquay and it is where I grew up. However I have moved to Truro as I no longer feel safe in Newquay or able to work in such a hostile and predatory town. It was also impossible to find long term work in Newquay that did not involve working in the night time economy which was a both hostile and threatening environment. I was approached and asked to work in one of the lap-dancing clubs on the promise of earning thousands of pounds. I was however more interested in a long term career and having good qualifications I was able to make better choices. This is not the case for all young women growing up in Cornwall. Although the schools and the standard of education in Newquay are exceptional, it does not sit well alongside a town centre that has become a no go area for so many young women and men who no longer feel safe there.

I have a younger sister and a younger brother who are still growing up in a town where, should the sex industry be allowed to continue, will undermine their feelings of safety when they grow up and may be seen as the only way to earn money. In particular, my younger sister. My brother will not be bought up to think that it is acceptable to buy women in the town. I understand that one of the licensing objectives is the protection of children from harm and I would ask that council to do all that it can to protect not just my brother and sister from harm, but all children growing up in Newquay from the psychological harm that exposure to the sex industry causes. In particular the normalisation of the industry by placing it next door to the shops where my brother and sister buy their comics and sweets. I do not think it is acceptable to state that the clubs are shut when the children are spending their pocket money. The sex shop in Newquay is down a side alley that they do not have to pass by on the way to the shops. It is the location of the lap-dancing clubs that is in itself harmful.

I do not want my brother to grow up thinking that it is acceptable for him to buy women. And I do not want my sister to grow up thinking that taking her clothes off and paying money to someone else just to go to work, is an acceptable way for her to earn money or an acceptable business practice. Working in the sex industry is also a very short lived career which has no promotion prospects. It is not something that you can put on your CV when you have to leave the clubs and so finding other work becomes less of an option.

I have many friends in Truro, Newquay and St. Austell. We are not middle aged housewives with nothing better to do. We are all young with disposable incomes, but choose not to spend that money in a town that has nothing more to offer than binge drinking and sexual harassment.

Please set a cap at nil to redress the balance that has been lost.


20 Oct 2010

I am writing to ask that the council make good use of the powers they now have, having adopted the new legislation regarding sex encounter establishments, and set a “zero” cap on lap dancing clubs in Newquay.

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I understand that the committee have to fully consider the views and financial benefits to the people running these businesses, and any other interested parties, and to the revenue brought into the council by them, but I strongly urge the committee to give as much weight to those who oppose these venues and the reasons they do so.

As a founder of the facebook group New Newquay, I have really tried to take on board and understand the views of lap dancing business owners such as Richard Taylor. Despite a long and civil conversation with him, over several weeks, I cannot agree with him that Newquay should aspire to be “the Blackpool of the Southwest.” As one of a handful of very influential businessmen in Newquay, I am truly concerned about the town’s future. Stag-do’s, hen nights and other large drinking parties now completely dominate the high street at night, and lap dancing clubs strongly encourage more of the same. No-one who lives here seems to mind a good party – in fact most people I know in this small town love a good party – but the town centre is no longer a good and safe place. It pushes local people out, it pushes a really diverse form of tourism out, and it pushes good investment out.

I have also gained from posts on New Newquay, and a group called “Newquay, Cornwall”, that a great number of Newquay residents, including many businesses, and a majority of tourists, (we did a poll - most were against lap dancing clubs – men and women tourists – I can forward the evidence)…..……would like to see Cornwall Council steering the town towards responsible and sustainable tourism. Newquay has “eleven” enviable beaches, (where else has this in Cornwall, let alone the rest of the UK??) and a wealth of businesses promoting healthy activity based lifestyles – yet our town centre at night is attracting negative press – which will be perpetuated by lap dancing clubs, - the police turn a blind eye (can’t blame them ), and the council cannot see the potential to make real money.

By setting a cap at zero, the council would have used a golden opportunity to really turn around the negative image Newquay has been plagued with in the press over the past two seasons. You got the message out about underage drinking, now is the time to do the same with excessive binge drinking, and women selling sexual services whether you view lap dancing on just a harmless arousal level or have a more realistic understanding. A family member of mine worked behind the bar at one of the lap dancing clubs in Newquay and her stories are truly horrifying. I expect members of the committee were fairly sheltered from true goings on during their fact finding trip, and this is something I hope will be at the forefront of your minds during any deliberations.

On a personal level, I would like to see the council use their powers to set the cap at zero, so that;

My two sons (aged 5 and 6) do not grow up being influenced outside of the home and the school, to believe that it is normal and acceptable to view a woman as little more than a sexual object

If I had a daughter, I would be really worried about her thinking she needed to be good at pole dancing to be found attractive by the opposite sex. This is very evident just by seeing young women’s reactions to the pole now placed in the Central pub in Newquay – No lap dancing, just a random pole in the pub (normalisation)

I do feel intimidated walking past the “gentleman’s clubs” in the high streets, especially if I am coming home by myself

And ultimately, not just from a personal level, but I am sure from a tourists point of view as well, I strongly object to being accosted in the evening by lap dancers asking my husband to visit their club whilst he is pushing a buggy with a sleeping child!

The town is far too small (wrong location regarding proximity to residential areas & schools), to cater to lap dancing without it seriously impacting on what is becoming a stronger, more organised and unified community. The committee and the council should be setting their sights far higher for Newquay

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(Gateway to Cornwall).

The location is not Blackpool, or Brighton, or Bournemouth – it is the comparatively very little but wonderful place called Newquay. Could you please now help “the people of Newquay”, and with it help the County of Cornwall.

Mr & Mrs T – Newquay (107)

20 Oct 2010

I am writing to request that the council sets a nil cap for these clubs. We are the parents of RT who was verbally abused whilst simply walking past one of these clubs. We need to turn Newquay back into the town we were once proud of. I also have to walk past a lap dancing club simply trying to take children that i look after to our nearest park.I will be a Grandmother in a few weeks, and again,i will be walking past a club that actually holds a license for lap dancing.Please think about the effects these establishments will have on our childrens safety.


20 Oct 2010

As a member of the Newquay Newstart Task group, a member of the Newquay Neighbourhood Pathfinder Group and a co-founder of the New Newquay Facebook Group, I am writing to point out some of the benefits to Cornwall and Newquay if the council use the powers they now have, having adopted the new legislation regarding sex encounter establishments, and set a zero cap on lap dancing clubs in Newquay Central Ward.

Golden PR opportunitySetting a cap at Zero for Newquay Central Ward, would give businesses and the Cornwall council communications department a golden opportunity to start to overcome the terrible image and reputation of Newquay town centre. Newquay is constantly portrayed in the media as a sleazy, out of control party town. You have the opportunity to tell the country that Cornwall council does not believe providing sexual entertainment is a responsible service for its resorts. In the Parish plan, the media and social networking sites people repeatedly comment on how they are intimidated by the presence of lap dancing clubs in the town centre. You have the power to remove that intimidation and help to open up the town centre at night to a more diverse range of residents and visitors. The decision the committee makes on lap dancing will attract a large amount of media attention, I hope this attention paints Newquay and Cornwall in a positive light.

Save the council money and timeThe scant regard lap dancing clubs have for planning and licensing law, continually costs the council time and resources. In Newquay the clubs repeatedly have their licence reviewed for breaches of the licensing conditions, this then leads to lengthy appeals and court appearances all of which is very expensive. The two most visible lap dancing clubs in Newquay have been operating without planning permission, this then leads to the lengthy planning process with the inevitable appeals and court cases. Cornwall Council would be free of this continual drain on resources if a cap of zero is set for Newquay central ward.

Good for businessWithout the threatening stag groups lap dancing clubs attract, shops in the town centre would be able to stay open later in the evening, as they do in other towns in the county. The numerous empty apartments would be easier to sell in a town that is seen to be trying to throw off its “Stag magnet” reputation (Newquay is defined as a “Stag Magnet” on the BBC website). In addition it is unlikely how closing lap dancing clubs would result in job losses, the dancers are all self employed, and the venues could operate as bars or nightclubs, keeping on the paid staff (subject to planning and licensing approval).

Reconnecting the people with councilThere is an opportunity to rebuild trust between the voters of Newquay and the county council. Since the Restormel days there is a perception that Newquay, is seen as the sink for the sections of the tourist trade the rest of Cornwall doesn’t want. There is a strong community drive in Newquay to make the town a better place and be all it can be. All parts of the community feel a zero cap is needed, the Town council,

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the Police Inspector and his predecessor, the MP, the head teachers, the churches, hotels and businesses. The people of Newquay do not accept the argument that “It’s Newquay, that’s what its like”, they see the town as a growing vibrant town and a key part of the tourist trade for the whole county. They would hope that the elected members of the County Council chamber see Newquay the same way.

I hope you consider the benefits above and set the cap on lap dancing clubs in Newquay Central ward at zero.

Ms P-P – Newquay (112)

20 Oct 2919

I would like to give my support for the zero cap on lap dancing clubs in Newquay. I have lived here nearly all my life and I have watched the town descend into it's current state where it has become dominated by nite clubs and lap dancing bars, rather than the family friendly beach resort it used to be. I have two small children and I do not think that Newquay is the right place for lap dancing clubs, in fact when we are in town my daughter sees the logo for Halos and wants to go in, obviously it is closed and I wouldn't dream of telling her what goes on there (she's 5). If we want Newquay to become the family friendly town it used to be we need to have a zero cap on lap dancing clubs, and address the issue of how many licensed premises there are in the town, most of which are not family friendly. I work at a holiday park just a mile from town and I often speak to families who always make sure that they are out of town by 8pm as they just don't like the atmosphere in the town centre, one day these families will stop coming altogether! If we lose our tourists, especially the families the future for Newquay will be bleak. I hope that one day in the future my family and I will be able to venture into town again in the evenings, without coming face to face with the stags and hens that our town is known for. I hope that enough people have made their voice heard so that you will give Newquay a zero cap on lap dancing clubs.

Chief Executive,Womens Rape and Sexual Abuse Centre – Bodmin (114)

20 Oct 2010

I am writing to you on behalf of the Women’s Rape and Sexual Abuse Centre (Cornwall) in response to the consultation.

WRSAC (Cornwall) has been delivering services to victims of sexual violence and domestic violence in Cornwall since 1994 and work with many victims of rape, sexual assault and sexual exploitation as well as victims of incest, childhood sexual abuse and all forms of domestic violence. We currently support over 2000 women each year who are victims and survivors and offer them Helpline support, outreach services, counselling and advocacy. We work in partnership with a wide range of agencies including the police who host our 7 Independent Domestic Violence Advocacy Workers. We are members of the Sexual Assault Referral Centre Partnership Board and sit on the Cornwall Domestic and Sexual Violence Strategic Group.

HM Governments (2007) Cross-government Sexual Violence and Abuse Action Plan stated that ‘80,000 women are raped every year, 23% of women and 3% of men experience sexual assault as an adult, 1 in every 20 women has been raped and 21% girls and 11 % of boys experience some form of child sexual abuse. 40% of adults who are raped tell no one about it and 31% of children who are abused reach adulthood without telling anyone. 1 in 4 women will experience domestic violence at some time in their lives. Sexual Violence and Domestic Violence are the most under reported crimes ’ Victims are therefore in their millions.

Of the many women reporting rape and other sexual violence to our agency through our Helplines only 10%-12% have or will report the offences to the police. This mirrors national statistics. Victims do not report for a wide range of reasons but they are underpinned by the myths and stereotypes that are perpetuated in society about victims.

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WRSAC has a vast amount of anecdotal evidence from women in Cornwall that links the sexual violence they have experienced to their partner’s use of pornography, sex clubs and lap dancing establishments. In 2002 we received finding from Comic Relief in response to numerous reports of sexual violence from young women (many of them assaulted in Newquay Clubs) to set up the Young Women’s Support Network. We have just received a further 3 year funding grant from Comic Relief to continue this work in Cornwall.

We therefore wish to bring to your attention the increased risk of violence (sexual and domestic) to women and teenage girls as a direct result of an increase in sex establishments in Cornwall.

Lap dancing clubs and other sex industry establishments encourage their customers, and wider society, to see women as sex objects. They reinforce the idea that women are always sexually available, particularly if you have a bit of spare cash.

Dr Linda Papadopoulos’s government review of the ‘Sexualisation of Young People’ has researched the direct links between sexual violence, lap dancing clubs and the sexualisation, objectification and commodification of women and young girls.Other studies and reports consistently link lap dancing with other forms of exploitation, trafficking, prostitution and an increase in violence towards women. (Eden 2003, Bindel 2004, Eden 2007)

The Womens National Commision in its report to the United Nation’s Commission on the Elimination of Violence Against Women (2005) stated that ‘The use of women in degrading entertainment exacerbates violence against women........lap dancing and similar clubs be regulated to ensure that local crimes against women do not increase.

The lap dancing industry markets women as sex objects and the working practices of many clubs encourage men to expect and seek sexual services in them. Research and personal testimony reveals that female performers in lap dancing clubs often face very poor working conditions and that women have to pay rent to work in the clubs. This often means that lap dancers are expected to, and need to, sell sexual services to make a living.

We at the Womens Rape and Sexual Abuse Centre believe that the normalisation of lap dancing is a social issue not a moral issue and that society needs to begin to understand the impact that these clubs have, not only on the women who work in them but on all women in our community. Our mothers, sisters, daughters.....

Local authorities are legally required under the Equality Act 2010 to consider the impact of licensing decisions on women and men and promote gender equality. Lap dancing clubs are found to have a very definite and harmful impact on gender equality. In fact because of this some councils have decided to cap the number of licensed clubs and Hackney Council have set their cap at nil.

We would be grateful if you could give serious consideration to our comments when making your decision and respectfully request Cornwall Council to set an nil cap for Cornwall and the Isles of Scilly.

Ms S - Newquay (116)

20 Oct 2010

I write to urge you set a zero allowance for lap dancing bars in central Newquay.

I am a Mother of 6 children all of which were born in Cornwall. I have lived here for the past 20 year and I have seen a great many changes, not many of them for the better.

My eldest daughter has just turned 18 and I do fear for her safety when she goes into town at the weekend. I feel that having lap dancing bars here in the town encourages a certain type of person and I

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know from experience discourages families from coming here.

Newquay is a small one street town and we cannot absorb these lap dancing bars like the sprawling cities can. They encourage a disproportinate number of single men who come in groups looking to get extremely drunk and act inappropriately. I have been in town with my younger children and have been thoroughly ashamed by some adult behaviour, behaviour which would not normally be tolerated but which Newquay seems to have come to ignore as it has become the norm.

These clubs customers frequently act inappropriately and the girls who are employed to promote these places also act in a manner which is offensive and which young children should not be subjected to.

In the name of common decency and the safeguarding of children I ask you to set the number of licences to zero and please do not renew any.

Thank you for your attention in this matter.

Section 11.3 – Operation of CCTV to the Council’s SatisfactionTruro City Council – (113)

20 Oct 2010

Para.11.3 - Operation of CCTV - These requirements appear comprehensive and apply to all three categories of sex establishment.

Noted. None N/A YES


28 Sept 2010

11.3 Why this requirement to photograph everyone entering and leaving these premises? This can surely be challenged as discrimination?

Cannot be discrimination if applies to everyone.

None N/A YES


28 Sept 2010

11.3/11 What is an incident? Needs to be defined. An incident could be anything from a fight to a physical assault, and accident or injury to a person.

None N/A YES


28 Sept 2010

11.3 Extensive details are given as to how CCTV must work but there is not one word of justification for these draconian measures in premises which are limited to use by adults(see next item 11.4 on ID checks). This is a serious omission. Measures are imposed with no rationale or justification.

Condition is in place to assist with the protection of all who attend and work at such premises.

None N/A YES


20 Oct 2010

11.3.4 Would suggest that ‘lighting in the foyer’ be replaced with lighting in any foyer area’ as a premises may have more than one and a ‘foyer’ is not confined to being the front entrance of a premises as the current text would imply.

Agreed. Amendment as per suggestion.

YES YES


20 Oct 2010

11.3.6 Would suggest a comma after the words ‘holder’ and ‘person’ to break up the sentence without losing any sense.


YES YES


20 Oct 2010

2 under ‘Recording/image capture system’As above


YES YES

Local Safeguarding Children

20 Oct 2010

13 as above Agreed. Amendment as per suggestion.

YES YES

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Board (109)Local Safeguarding Children Board (109)

20 Oct 2010

15. As above.Also, would suggest that the telephone numbers are removed as this information could be made available on-line or as an appendix at the end of the document and would included numbers for all licensing authority/police offices.Would also suggest that the word ‘any’ replaces the word ‘such’ after ‘Details of’ and that the word

‘clearly’ is inserted before ‘recorded’ which would reduced the potential for illegibility (which could be crucial if proceedings were brought as a result of a breach of licence conditions).

All agreed. Amendments as per suggestion.Further amendments made to policy new item 1.10 and new Appendix H.

YES YES


11 Oct 2010

The apparent need for CCTV operating is regrettable, illustrating as it does, breakdown in law and order generally.

CCTV does not just relate to “law and order” but general protection and security.

None N/A YES

Section 11.4 – ID ChecksMrs C – Truro (142)

21 Oct 2010

Para 11.4. It is essential that the Licensing Department is satisfied with the standard of training given to the staff employed and that annual criminal record checks are carried out on an annual basis.

Previous comments regarding CRB checks apply.

None N/A YES


20 Oct 2010

Para. 11.4 (page 19) These seem relatively good. However, the Challenge 25 ID check policy mentioned in para. 11.4 and the SIA registered door supervisor provision in para 11.6 should be made compulsory requirements within the standard premises conditions. We would also suggest that, as well as having to have a “suitable number of trained staff” para.11.11 page 22, staff are also given annual criminal record checks as part of the licence renewal process, and that criminal record checks are made of all new employees.

25 ID check included in standard conditions for Sex shops/Cinemas & Sexual Entertainment Venues at 15.

In relation to making SIA door staff compulsory it would be unreasonable to impose such a condition on Sex shops/cinemas unless there were specific grounds that door staff should be employed at the premises. There should be no need for door staff at Mail-order premise as the public are not permitted access. In relation to Sexual Entertainment Venues if there is a

None N/A YES

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Premises Licence granted under the Licensing Act 2003 (LA03) there may be a condition specifying door staff must be used, and it is a mandatory condition of LA03 licences that if door staff are used they must be SIA registered.

Previous comments regarding CRB checks apply.

Section 11.5 – Protection of Children and Vulnerable persons from HarmTruro City Council – (113)

20 Oct 2010

Given the evidence that exploitation, including trafficking, of young females can take place in lap-dancing lounges, and given the link between the sex industry and crime (see below) we are disappointed that the policy on protecting the vulnerable found in para. 11.5 is extremely under-developed. We suggest the policy be amended to emphasise the council's commitment to ensuring the women and and young people are not exploited by the management or patrons of sex establishments, and making sure that children are never allowed access to sex establishments, by rigorous policing of the age limits.

This is only a definition of “harm” in relation to children and vulnerable persons, and not a policy statement. This definition has been included in Section 11 – “Definitions and document guidance” because the condition 33 of the Standard Conditions in relation to Sexual Entertainment Venues concerns the protection of this group.

None N/A YES


28 Sept 2010

11.5 Protection of children, should this say, by not allowing them entry to these premises? It is a condition in all of the standard conditions that persons under the age of 18 are not permitted access to the premises. This is not permitted by law.

None N/A YES

Local Safeguardin

20 Oct 2010

11.5 Would suggest that no children should be admitted to the premises under any circumstances because of the primary purpose of the establishment and also particularly because of the presence of CCTV.

Conditions ensure that no persons

None N/A YES

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This would also apply to children of staff, whether or not it is outside of normal operating hours. under the age of 18 are admitted to the premises. This relates to staff, performers and customers.

Section 11.7 – Tacit AuthorisationStithians Parish Council (30)

28 Sept 2010

Very good. Planning consent for massive development can pass on tacit approval but not application for a licence. Why such draconian measures if the council does not take any moral stance on these matters?

The EU directive in relation to such matters stipulates that tacit authorisation will not apply to Sex Establishments

None N/A YES

Section 11.8 – Significant Degree & Sex ArticlesStithians Parish Council (30)

28 Sept 2010

11.8 A significant degree. This is clearly dealt with giving clear guidelines as to how to reach a decision. Why are such guidelines missing in respect of the number of establishments in an area? It does not ,however, state when the result of these assessments will be considered as a significant degree.

Initial Comment noted; rest of comments not applicable to section.

None N/A YES


28 Sept 2010

(i)Comment above about Viagra. Not applicable – these premises would not sell such items in significant degree.

None N/A YES


20 Oct 2010

11.8 (b)Would suggest this should read: ‘to any recording of vision and/or sound’ This wording is taken directly from Schedule 3 paragraph 4(b) of the Local Government (Miscellaneous Provisions) Act 1982

None N/A YES


20 Oct 2010

11.8 (5) ‘turnover’ of what? Staff?, Customers?, Profit? This needs to be clearer. This relates to monetary turnover, which is a term widely recognised by businesses.

None N/A YES

Section 11.9 – Relevant Entertainment Stithians Parish Council (30)

28 Sept 2010

Presumably live entertainment before an audience. Not entertainment before a live audience? This wording is taken directly from Schedule 3 paragraph 12(1)(e)

None N/A YES

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of the Local Government (Miscellaneous Provisions) Act 1982

Section 11.11 – Suitable number of trained staffStithians Parish Council (30)

28 Sept 2010

Safety of the performers, staff and audience – or is their safety unimportant? This item has already been amended.

Amended as follows “and to ensure the safety of customers, performers and persons working in the premises.”

YES YES


28 Sept 2010

Suitable and sufficient number. Who is to do the risk assessment? Who is to approve it? Should it be a condition of the licence that for a particular premises X number of staff shall be deployed?

The applicant would carry out the assessment. The Police and the Licensing Authority would consider whether the number proposed is adequate. Conditions could be applied to individual Sex Establishment Licences if felt appropriate, but it would not be appropriate to include within the standard conditions. Premises that also have Premises Licence issued under the Licensing Act 2003 may already have specified numbers of such staff.

None N/A YES


20 Oct 2010

11.11 First paragraph – insert ‘the’ before ‘conditions’ and ‘licence’ to make it read better.Also, would suggest ‘in particular’ with ‘particularly’

Second Paragraph – would suggest removing ‘carried out’ and inserting ‘all’ before ‘activities’.

Also, putting ‘including accessibility to all areas’ in brackets ()

Not agreed.

Agreed.

Agreed.

None

Amendment as suggested.Amendment as suggested.

N/A

YES

YES

YES

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Would suggest putting ‘and’ before ‘number’ and closing sentence after ‘performers’. Suggest the ‘and’ after ‘performers’ then be changed to ‘This’

Agreed. Amendment as suggested.

YES


11 Oct 2010

All staff should be subject to annual criminal record checks, as I believe is called for in the submission you will have received from Truro City Council. Investigation for criminal records is now prevalent everywhere. Efforts will be made, hopefully, to decrease this, as it hinders voluntary assistance, but certainly such control will need to be in place for all those working in the establishments you are obliged to deal with.

Not agreed. This is not something the Authority can insist upon as those working in the premises are not in jobs that require CRB checks, i.e. working with closely and on a regular basis with children or vulnerable persons.

None N/A YES

Section 11.12 – Form of NoticeStithians Parish Council (30)

28 Sept 2010

Indecent Displays; The Council takes no moral stance and yet requires notices that the content may be indecent. Surely this contravenes the no moral stance provision?

Indecent also means offensive or lewd therefore this is not a moral stance; it relates to the protection of children from harm. It should be noted that legislation requires that the premises display such a notice.

None N/A YES


28 Sept 2010

(d) Shop? Previously it has been a premises. Consistency? This is taken directly from the legislation. However to make this clearer the initial paragraph has been reworded to advise that the legislation states and the extract has inverted commas added around it to show that it is a direct quote.

Item 11.13 initial paragraph amended as follows: “The Council’s Standard Conditions require that a warning notice be displayed in accordance with the above legislation. The legislation states at 1(4)(e):”

YES YES

Section 12 – Policy DetailsStithians Parish Council (30)

28 Sept 2010

The consultation process at page 23 states that ” The Provision of Services Regulations 2009 to ensure requirements are:

24 non-discriminatory(ii) justified by an overriding reason relating to the public interest

Noted however not agreed. The comments relating to this within the table of comments

None. N/A YES

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(iii) proportionate to that public interest objective(iv) clear and unambiguous24 objective(vi) made public in advance, and24 transparent and accessible.”

The content of this policy fails several of these tests as detailed in the table presented below. It could be argued that the users and proprietors and staff of these establishments are discriminated against through onerous requirements relating to CCTV, ID and records of their work. It is arguable that some of the provisions are disproportionate to the pubic interest particularly as Cornwall Council states that it takes no moral stance on these matters.

submitted have been addressed in this document under the relevant sections.


28 Sept 2010

12.1 b Some of the regulatory aspects proposed in this policy seem excessively onerous and not justified, for example the provisions relating to CCTV.

Noted however not agreed. Comments raised in relation to CCTV have been addressed in this document under the relevant section. No additional examples have been provided here.

None. N/A YES


28 Sept 2010

12.1.(c) I, ii,iii and iv,vi The provisions relating to CCTV and ID appears to discriminate unnecessarily (that it is not in the public interest) against the users and thereby the proprietors and staff of the regulated businesses. The proposed regulations do not seem, proportionate to the public interest, not clear and unambiguous (for instance regarding the number of establishments in an area)us. Some are not made pubic in advance, for instance the provision that any change of standards can apply retrospectively to already granted licences.

Noted however not agreed. The measures mentioned are in the public interest and proportionate. Amendments have been made to the policy which has assisted in clarifying some points within the policy document.

None. N/A YES

Section 13 – Consultation and engagementStithians Parish Council (30)

28 Sept 2010

The policy has only partly been consulted on as vital sections have been left blank. The public and its representatives cannot be consulted on what we are not told about. The statement in this para is incorrect.

The only section left blank has been in relation to numerical limits and these have not been set. However the consultation document specifically requested views

None N/A YES

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regarding numerical limits, as follows: “In particular the Council needs your views as to whether numerical limits should be imposed within any specific localities in the County.” Responses regarding proposed numerical limits will be considered as part of the evaluation of consultation responses.


20 Oct 2010

13.4 Would suggest a comma is placed after the words ‘applicants’ and ‘reports’ Agreed. As per suggested amendment.

YES YES

Section 14 – Performance and Risk ManagementLocal Safeguarding Children Board (109)

20 Oct 2010

14.1 Would suggest ‘on track’ be replaced with ‘reflects current legislation’ and ‘what it set out to do’ with ‘a responsible regulatory framework for Cornwall’

Both agreed. Item 14.1 amended as per suggestions. In addition the word “is” has been moved to precede the word “effective”.

YES YES


16 Oct 2010

14.2 this seems a really important point, but it’s unexplained here, and seems buried in the middle of the document. How do you propose to ‘monitor local needs’? Who will carry out this function? What will they be monitoring, what are the measures of this? When will they monitor, and how will this information by used? Can the findings be challenged by local residents if they feel that local needs have not be taken into account?

This will be carried out by officers and managers of the Licensing Service and partners. Local needs will be monitored by way of assessing objections received in relation to applications; such monitoring could identify substantiated issues which may need to be addressed during any review of the

None N/A YES

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policy. Officers and managers of the Licensing Service will monitor the outcomes of hearings, appeals, legislation and case law to ensure that the Committee make effective decisions, and to ensure that the policy and conditions continue to reflect legislation and take into account amendments made by way of case law. Monitoring of such matters is constant.


20 Oct 2010

14.4 It is not clear what ‘This’ refers to. Is it the training of the committee or the performance and monitoring or something else? If it refers to the training, I would suggest it should be part of 14.3 and could include an ‘also’ between ‘will’ and ‘be’

This relates to 14.3. The first word of 14.4 has been changed to “Training”. “Also” is therefore not required.

Amendment as detailed.

YES YES


20 Oct 2010

14.5 ‘would normally’ implies that there is some element of doubt or disorganisation. Policy reviews are either carried out every three years or they are not. Whether or not the review is part of a departmental exercise, there needs to be a ‘more robust’ commitment to any review implied (or rather, stated) here. Also, as it has already been indicated later in the document, on page 25, section 18.1, that the policy will be reviewed every three years, does it really need to be mentioned here at all?

Would normally refer to inclusion in the service plan as part of performance and risk management. Item 18 states how often the policy will be reviewed.

None N/A YES


28 Sept 2010

Three yearly reviews would normally be included… OK, so what is the provision here? Is it three yearly or some alternative?

Response as above. None N/A YES

Section 15 – Communicating the PolicyStithians Parish Council (30)

28 Sept 2010

Adoption or amendment will be notified by a notice on the Council website. This is insufficient. Who is going to monitor the every recess of the Council website for years at a time to check for changes? Adoption or changes must be publicised in the local press weekly for four weeks immediately after the adoption or change is formalised. You require applications to be published in the papers and be pasted on the premises, why a lesser requirement for the policy requiring such provisions?

Section 15.2 also states “will be communicated to the community by way of press release”.

Requirements relating to the advertisement of

None N/A YES

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applications are prescribed in primary legislation and not by the licensing authority.


20 Oct 2010

15.1 No mention here of alternative formats through which information within the document can be accessed.

This is contained on the back page of the policy. The policy document is a corporate format, which our partners at the LSCB should be familiar with.

None N/A YES

Section 16 – Breaches and Non-ComplianceLocal Safeguarding Children Board (109)

20 Oct 2010

16.2 I would question the wisdom of using phrases such as ‘light touch’ and ‘simple’ because it implies a ‘much too relaxed’ approach to enforcement. Would suggest the use of ‘an appropriate inspection regime’ and ‘will conduct unannounced inspections once a year, (or more if circumstances require otherwise)’

This is in line with the Better Regulation Executive requirements; inspections will be carried out on a risk based approach and in accordance with Public Health & Protection’s Enforcement Policy.

None. N/A YES


21 Oct 2010

Para 16.2. I am far from satisfied that Sex Establishments are not a source of crime and disorder. There is much evidence to suggest that this is not entirely the case. I feel more research should be undertaken in this area.

Noted.

None N/A YES


20 Oct 2010

Para.16.2 page 24. states that sex establishments are not generally a source of crime and disorder. However, research strongly suggests there is a link between sex establishments and crime.Sex shops operate as a source for 99ecognize crime, even where the activities within the sex shop are not themselves illegal. One example of this is cross-border trafficking, which is often used to staff sex shops. This was found to be a common pattern across Europe in 2002. (BINDEL, J AND KELLY, LIZ A Critical Examination of Responses to Prostitution in Four Countries: Australia, Ireland, the Netherlands and Sweden.Here in the UK it is not difficult to find illustrations of apparent connections between sex establishments and crime (see list below). To tackle this problem we would suggest that more than the proposed “light touch” is necessary. The proposal for “inspections of premises no more than once a year” appears to allow for the possibility that an applicant could apply for renewal of an annual licence without ever having received an inspection during the period of the previous licence to ensure its terms and conditions were being met. We would suggest that a minimum of two anonymous “secret shoppers” inspections are undertaken every year of each licensed sex establishment. This would allow officers to find out whether licence conditions are being complied with or if any other illegal activities are taking place.

No evidence has been produced to Cornwall Council linking this type of crime to specific premises in Cornwall. This view is contained within the Home Office Guidance relating to the new provisions.

In addition, this is in line with the Better Regulation Executive requirements; inspections will be carried out on a risk based

None N/A YES

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approach and in accordance with Public Health & Protection’s Enforcement Policy.


11 Oct 2010

16.2 I support the view expressed by Truro City Council with regard to some sex shops and other such questionable establishments being associated with organised crime, and especially the exploitation of women and the vulnerable young. Sex establishments are certainly very discriminatory as between the sexes, with vulnerable women and young girls exploited financially in a way which should cause Cornwall’s responsible taxpayers, of either sex, to object to the expenses arising from having to hedge about such applications with all sorts of conditions not applicable usually to businesses.

Noted. None N/A YES


20 Oct 2010

16.3 Would suggest a comma after the words ‘that’ and ‘possible’ Agreed. Amendment as per suggestion.

YES YES


20 Oct 2010

16.5 Is there a ‘3 strikes and you’re out’ or similar policy associated with this, and, if yes, would’nt it be appropriate to expand upon it here?

There is no such policy in relation to the licensing of Sex Establishments.

None N/A YES


20 Oct 2010

16.6 Would suggest ‘partners/responsible authorities’ or vice versa as opposed to just ‘partners’, especially as we have a remit under the licensing act too albeit focussing on particular licensing objectives.

The police are, in effect, the only responsible authority in terms of the legislation governing Sex Establishments as they are the only authority nominated to be served with a copy of applications by any applicant.

Therefore partners is a more appropriate term.

The Licensing Act is not relevant in relation to this policy.

None N/A YES

Cornwall & IOS DAAT (108)

20 Oct 2010

I believe that we in Cornwall should frame our Licensing Conditions around Sex Entertainment Establishments as tightly as the national law allows, and monitor and enforce their practices as forcefully as possible.It has been researched and proven that there are causal links between lap dancing clubs on the one hand, and the sexualisation, objectification, and commodification of women and sexual violence and rape on the other. This has been evidenced in Dr Linda Papadopoulos’s 2009 ‘Sexualisation’ review for the Home Office Violent Crime Unit.This conclusion demonstrates 3 connections: 1: Connection to violent and sexual crime;

All comments noted.It is Central Government that has decided that such businesses are legitimate and should be regulated.

None N/A YES

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2: Connection to the exploitation of women within known international trends; and 3: Connection to a general cultural drift around how we define the acceptable nature and limits of sexual activity, which will escalate these problems in the future if allowed to continue to slide at this moment.This makes for a potentially dangerous and potent cocktail, exaggerated further when combined with the sale and consumption of alcohol. In setting our criteria it needs to be noted that there is a conflict in related Government policy statements (i.e. ‘Violence Against Women &Girls Strategy’, and ‘The Legality of Sex Establishments’). In the light of this, Cornwall Council has a responsibility to reduce crime under the Crime and Disorder Act. The logical response to this conflict is to take as robust a view as possible (as some other authorities have done) in restricting Sex Entertainment Establishments to an absolute minimum, by limiting the number of establishments; restricting their locations and proximity to residential areas, educational establishments, women’s refuges and SARCs; specifying carefully their hours of opening and defining exactly what activities are permitted. There is an unarguable need to ensure that women and girls employed in these establishments as performers are monitored and known to have been able to make a free and informed choice, by building contractual requirements for this into the licences. I endorse the proposal of Michelle Davies, Cornwall’s Domestic Violence Co-ordinator, formerly a manager of a SARC in Nottingham, who recommends that this wording should be included:

“Performers must have the freedom and capacity to consensually enter into a contractual agreement with the ‘employers’.

‘Employers’ must ensure that ‘performers’ conform to hours stipulated under ‘Working hours regulations’ or in choosing to sign out of this, ‘performers’ must have the freedom and capacity to make an informed decision.”

In other parts of the Country, illegal people trafficking is known to be connected to lap dancing clubs. If we opt for the ‘light touch enforcement’ described in the proposals, how will we know if this is happening in Cornwall, or if the girls/women have made an informed choice or not?

Important observation:The Licensing Guidance from the previous government spoke about not making moral judgements. However, it needs to be recognised that there has already been an important change of tone.

The new Coalition Government has just made a new moral judgement by disallowing the advertising of lap dancing ‘jobs’ in Job Centres. This judgement supersedes the previous government’s advice, and should therefore guide our decision making.

The following is an extract from Dr Linda Papadopoulos 2009 ‘Sexualisation’ report to the Home Office Violent Crime Unit, drawn from 9 studies: “ Sexualisation and violence (30).

Research has shown that adults – including women (44) – who viewed sexually objectifying images of women in the mainstream media were more likely to be accepting of violence. (45)

The evidence gathered in the review suggests a clear link between consumption of sexualised images, a tendency to view women as objects and the acceptance of aggressive attitudes and behaviour as the norm.

Both the images we consume and the way we consume them are lending credence to the idea that women are there to be used and that men are there to use them.”46 Dean and Malamuth (1997); Malamuth and Briere (1986); Malamuth and Donnerstein (1982, 1984); Murnen, Wright and Kaluzny

No evidence has been produced to Cornwall Council linking this type of crime to specific premises in Cornwall. The Home Office Guidance relating to the new provisions states that these premises are not generally a source of crime and disorder.

The Licensing Conditions proposed in relation to all types of Sex Establishments seek to reduce the impact of premises on localities, and equally protect employees, performers and customers. Such conditions include standard permitted opening hours.

Performers are not always directly employed by premises; they are very often self-employed and therefore such conditions could not be applied, as the Licensing Authority would not be able to enforce such a condition.

Working hours are already legislated, and therefore

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(2002); Osland, Fitch and Willis (1996); Spence, Losoff and Robbins (1991); Truman, Tokar and Fischer (1996); Vogel (2000)

Lap-dancing and glamour modelling With the ubiquity of sexualisation and the increasing pornification of society has come the mainstreaming of the sex industry, as exemplified by the proliferation of lap-dancing clubs.

Sexualisation – and the commodification of women and girls – is now so ingrained in our culture that lap-dancing is widely viewed as acceptable, ‘making the harm of commercial sexual exploitation invisible’.340 ”Conclusion:Cornwall should avoid making the error of introducing light touch legislation and enforcement, in an aspect of the Licensed Trade associated with these known risks, exacerbated in conjunction with the sale of alcohol.

We should limit, monitor and enforce conditions regarding sex entertainment establishments as rigidly as the law allows, in order to prevent the dangers and risks of crime and exploitation, and prosecute them as rigorously as possible.

should not be duplicated in Standard Conditions as the Licensing Authority has no jurisdiction to enforce this legislation.

The authority understands that the advertising of such jobs has been removed from job centres as refusing to attend interviews for jobs suggested by job centre staff will affect benefits issued to unemployed persons.

With regard to light touch enforcement, etc., the policy reflects the Better Regulation Executive requirements; inspections will be carried out on a risk based approach and in accordance with Public Health & Protection’s Enforcement Policy.


28 Sept 2010

16.2 If the Council accepts that such establishments are not generally a source of crime or disorder why such draconian licensing conditions?

The conditions are not considered draconian but necessary to safeguard all persons with regard to a variety of issues.

None N/A YES

Section 17 – InformationLocal Safeguardin

20 Oct 2010

17.1 A ‘space’ after the web address makes it an active weblink thereby facilitating the hyperlink feature for anyone reading this online or via an electronic version of the document.

There is a space after the address

None N/A YES

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thus the hyperlink is facilitated.

Section 18 – Evaluation and ReviewLocal Safeguarding Children Board (109)

20 Oct 2010

18.1 This differs from page 24, section 14.5 where some doubt is implied regarding this. 14.5 is a comment in relation to performance and risk management.

None N/A YES


28 Sept 2010

Now it definitively says the policy will be reviewed on a triennial basis. A date is even specified. This is contrary to earlier statements.

Previous comments relate to performance management and inclusion in Service Plans

None N/A YES

Appendix A – Notice of ApplicationLocal Safeguarding Children Board (109)

20 Oct 2010

Would suggest moving ‘under the provisions of the Local Government (Miscellaneous Provisions) Act 1982’ at the end of the sentence or inserting a comma after the word ‘Council’ and the number ‘1982’

This Notice has been redrafted by officers since consultation to make it a more comprehensive notice.

None N/A YES

General – Standard Conditions, Sex Shops/Sex CinemasCornwall & IOS SARC Partnership Board (119)

20 Oct 2010

Thank you for the opportunity to contribute to this consultation. I am writing on behalf of the Cornwall and Isles of Scilly Sexual Assault Referral Centre (SARC) Partnership Board. The Board has representation from a range of partners including Third Sector organisations, Devon and Cornwall Police, Cornwall Council and the NHS.

The Board wishes to highlight the potential for increased risk of sexual violence to women as a direct result of an increase in sex establishments in the County. We wish to draw attention to the work of Dr Linda Papadopoulos who has researched causal links of sexual violence and refers to links with lap dancing clubs, the sexualisation, objectification, and the commodification of women. It is important to note that her findings have been supported by a further nine separate studies. She concluded “…With the ubiquity of sexualisation and the increasing pornification of society has come the mainstreaming of the sex industry, as exemplified by the proliferation of lap-dancing clubs. Sexualisation – and the commodification of women and girls – is now so ingrained in our culture that lap-dancing is widely viewed as acceptable, ‘making the harm of commercial sexual exploitation invisible’….” The Board is deeply concerned about the increased risk to women who work in the sex industry and to all women and young girls in Cornwall.

It has been suggested that there is a conflict in the Governments policy position (Violence against Women & Girls Strategy versus Legality of Sex establishments). The Board believes that the logical response to this conflict should be to take a robust view (as some other authorities have done) in restricting to an absolute minimum, the number of establishments’, their locations, hours of opening and activities.

There is a need to ensure that women and girls employed in these establishments (‘performers’) are able to make a free and informed choice, by building contractual requirements into the licences. The Board supports the recommendations made by Michelle Davies, Domestic Violence Coordinator for Cornwall and Isles of Scilly. These are - “…Performers must have the freedom and capacity to consensually enter into a

All comments noted.

It is Central Government that has decided that such businesses are legitimate and should be regulated.

No evidence has been produced to Cornwall Council linking this type of crime to specific premises in Cornwall. The Home Office Guidance relating to the new provisions states that these premises are not generally a source of crime and disorder.

None N/A YES

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contractual agreement with the ‘employers’. ‘Employers’ must ensure that ‘performers’ conform to hours stipulated under ‘Working hours regulations’ or in choosing to sign out of this, ‘performers’ must have the freedom and capacity to make an informed decision…”

We have seen reported in other parts of the Country that illegal people trafficking is linked to some lap dancing clubs. With the ‘light touch enforcement described in the proposals, how will we know if this is happening in Cornwall, or if the girls/women have made an informed choice or not?

We would be grateful if these comments are noted when considering how this issue is handled in Cornwall and Isles of Scilly.

The Licensing Conditions proposed in relation to all types of Sex Establishments seek to reduce the impact of premises on localities, and equally protect employees, performers and customers. Such conditions include standard permitted opening hours.

Performers are not always directly employed by premises; they are very often self-employed and therefore such conditions could not be applied, as the Licensing Authority would not be able to enforce such a condition.

Working hours are already legislated, and therefore should not be duplicated in Standard Conditions as the Licensing Authority has no jurisdiction to enforce this legislation.

With regard to light touch enforcement, etc., the policy reflects the Better Regulation Executive requirements;

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inspections will be carried out on a risk based approach and in accordance with Public Health & Protection’s Enforcement Policy.

Appendix A – Notice of ApplicationLocal Safeguarding Children Board (109)

20 Oct 2010

Would suggest moving ‘under the provisions of the Local Government (Miscellaneous Provisions) Act 1982’ at the end of the sentence or inserting a comma after the word ‘Council’ and the number ‘1982’

This Notice has been redrafted by officers since consultation to make it a more comprehensive notice.

None N/A YES


20 Oct 2010

Item 2. Last sentence of this paragraph, Replace ‘from’ with ‘form’ This Notice has been redrafted by officers since consultation to make it a more comprehensive notice.

None N/A YES

Appendix B – Standard Conditions, Sex Shops/Sex CinemasTruro City Council – (113)

20 Oct 2010

Finally we note some problems in the proposed standard licensing conditions.Condition 10 in Appendix B prohibits the Licensee soliciting custom ion the town or village where his premises are sited, but does not prevent him soliciting custom in a neighbouring town or village.Condition 21 I Appendix B and condition 27 in Appendix C regarding mail order sales, both completely fail to mention that the mail order sale of R18 videos is illegal in the UK. Rl8s can obly be purchased within a licensed sex shop. This must be made clear to licensees.

We give below examples of suspected criminal links with UK sex establishments:-

Sex shop owner in Worcester jailed in March this year for possessing thousands of indecent images of children

Lap-dancing club owner arrested in February this year over claims he was employing a l6 year old Romanian Stripper

Sex shop in Darlington raided by police over accusations it was being used as a brothel.

Londonderry sex shop owner convicted for illegal possession of an unlicensed drug

John John Gray, the <American owner of Spearmint Rhino Club, admitting “giving an erroneous date of birth, which resulted in a criminal record check no identifying previous criminal convictions.

Comment regarding 18R videos agreed. Although this is a legal restriction clarification of this will be made in both the policy and the relevant standard conditions.

Comments related to criminal links noted.

Comments regarding proximity to types of premises – these matters are already covered in the policy at sections 9 & 11.

Policy:Section 11.8. New 2nd paragraph inserted – “It should be noted that in respect of Mail Order premises the Video Recordings Act 1984 states at section 7 (b) & (c) that no video recording that may only be viewed by persons aged 18 or over is to be supplied other than in a licensed sex shop. Case law precludes the sale of 18R

YES YES

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We would draw your attention to an extract from Manchester, C “Entertainment Licensing Law and Practice,” 2nd Edition, Butterworths, page 313 “Premises perhaps most likely to render locations inappropriate will be those used for religious purposes and those frequented by children and young persons. The view may be taken that premises 106ecogniz on sex as adult entertainment are incompatible (and therefore inappropriate) in close proximity to premises such as churches and chapels which traditionally have 106ecognized sexual activity as appropriate only within the confines of the marital relationship.

Premises may also be seen as incompatible in close proximity to premises such as schools and youth clubs. Society is protective of the state of childhood innocence and does not regard t as appropriate for children and young persons to be involved in or have access to material concerning sexual activity.”

A further illustration of the attraction of sex shops to known criminals is found in the number of UK applications to run a sex shop that have failed because the would-be licensee is found to have criminal convictions of some sort.

(Further details available). To tackle this problem we would suggest that more than the proposed light touch is necessary. We would suggest that a minimum of two anonymous “secret shopper” inspections are undertaken every year of each licensed sex establishment. This would allow officers to find out whether licence conditions are being complied with or if any other illegal activities are taking place.

Undercover enforcement would require to be intelligence based, i.e. that breaches are suspected, and are subject to specific regulation. Standard enforcement protocols which are carried out on a risk rated basis would otherwise be utilised.

rated films by Mail Order premises which holds a Sex Shop licence because the supply of the film to a person aged 18 or over cannot be confirmed; which fails to ensure that the age controls are properly enforced.”

Standard Conditions relating to Sex Shops, new condition 42 inserted: “ In accordance with section 7 (b) & (c) of the Video Recordings Act 1984 and case law no 18R rated films may be sold or supplied by Mail Order.”

Previous conditions 42 – 43 renumbered as 43 – 44.

Standard Conditions in relation to Mail Order premises:New condition 28. “In accordance with section 7 (b) & (c) of the Video Recordings Act

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1984 and case law no 18R rated films may be sold or supplied by Mail Order premises (even one which holds a Sex Shop licence).

Previous condition 28 renumbered 29.


20 Oct 2010

2. Would suggest inserting commas after the words ‘Council’ and ‘Act’ and then ‘is’ and ‘general’ and finally after ‘save’ and the ‘as’ on the last line of this paragraph.

All agreed. Amendments as per suggestion.

YES YES


20 Oct 2010

4. Would suggest removing the comma after ‘person’ and putting it after the word ‘licensee’ on the first line of this paragraph. Also, the word ‘some’ to be replaced with ‘a’ and another comma put after (“the manager”)Also, insert ‘and having been’ before ‘nominated’

All agreed, except the word and in front of “and having been”.

Amendments as per suggestion, plus comma removed after “18”.

YES YES


20 Oct 2010

6 Would suggest a comma be inserted after ‘shall’ and ‘times’Also, remove comma after ‘Premises’


YES YES

Local Safeguarding Children Board (109

20 Oct 2010

8 Would suggest ‘parts’ on first line is replaced with ‘sections’ or ‘areas’ and second ‘part’ on last line is replaced with ‘area’ or ‘section’The first ‘part’ on the last line could read ‘surrender’ so there is not so many repetitions of the word ‘part’ within the same paragraph.

Partially agreed. “area” used to replace “part”, “surrender” replaces part and word “with” deleted.

YES YES


28 Sept 2010

11. Their name and that they are an employee. Presumably employment is not restricted to men? Agreed. Condition 11 amended as per suggestion.

YES YES


28 Sept 2010

12. What about the performers? If they are not employed by the licensee do their names etc have to be recorded?

There are no performers within sex shops and sex cinemas – only within Sexual Entertainment Venues.

None N/A YES


20 Oct 2010

14 Would suggest adding the phrase ‘under any circumstances’ to the end of the sentence. The addition of this wording is not considered necessary. The condition is already quite definitive.

None N/A YES

Local Safeguardin

20 Oct 2010

14 Would suggest adoption of a confiscation policy for fake ID with a notice displayed to inform customers this may happen if their ID is suspected as being fake.

This is not a matter that the Licensing

None N/A YES

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Authority can condition as we have no authority to enforce against such a condition. It would be a matter for the police, for example, to provide advice and guidance as to seizure of such documents.


28 Sept 2010

15. Why should people who look less than 25 be checked to see that they are over 18. I could understand checking people who look less than 18. This is not clear unambiguous or objective.

25 is stated in relation to requiring proof of age as it is easier to for the average person to make a judgement as to whether they think a person is younger than 25 than whether they are 18.

None N/A YES


28 Sept 2010

16. This does not say that the names of performers shall be contained in the daily register? There are no performers within sex shops and sex cinemas – only within Sexual Entertainment Venues.

None N/A YES

Stithians ParishCouncil (30)

28 Sept 2010

19. Does this mean sex cinemas can only operate in these hours as well? Yes, unless other hours are granted by the Committee, in which case the hours detailed in the standard conditions would be amended.

None N/A YES


20 Oct 2010

21This is very confusing to read. Would suggest a format such as the following:‘Approval from the Council is required for changes from :a sex shop (including a mail-order shop) to either a sex cinema or sex entertainment venuesex cinema to either a sex shop or sex entertainment venuea sex entertainment venue to either a sex cinema or a sex shopThis will require consideration of an appropriate application.’

Agreed. As per suggestion, although “sexual entertainment venue” used instead of “sex entertainment venue”.

YES YES


20 Oct 2010

22 Would suggest ‘things’ be replaced with ‘items’ Agreed. Condition 22 amended as per suggestion.

YES YES

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28 Sept 2010

22. Presumably therefore the performers may not use such things lest this be considered as a demonstration?

There are no performers within sex shops and sex cinemas – only within Sexual Entertainment Venues.

None N/A YES


28 Sept 2010

24 iv. Presumably therefore the performers may not use such things lest this be considered as a demonstration?

Think this comment is in relation to condition 22. There are no performers within sex shops – only within Sexual Entertainment Venues.

None N/A YES


20 Oct 2010

25 Would suggest that ‘invisible’ be replaced with ‘not visible’ as it would be impossible for the applicant to make the interior ‘invisible’.

Agreed. Condition 25 amended as per suggestion.

YES YES


20 Oct 2010

26 Would suggest replacing ‘render’ with ‘ensure’ and replace ‘invisible’ with ‘is not visible’ for same reason as above.


YES YES


28 Sept 2010

37. If such facilities are provided, even for one person at a time would this not make the premises a sex cinema in terms of this policy?

No – this relates to previewing only and not watching a film, etc., in its entirety.

None N/A YES


20 Oct 2010

38 Would suggest removing closing bracket from after ‘time’ and relocating it to after ‘employee’ This amendment has already been made by officers whilst correcting typographical errors.

None N/A YES


20 Oct 2010

40 Fourth line, would suggest removing ‘is’ after ‘this’ This amendment has already been made by officers whilst correcting typographical errors.

None N/A YES


20 Oct 2010

42 As, by now, it is clearly established that the policy is about sex establishments, I would suggest that the phrase ‘Sex Establishment’ in this paragraph is replaced with ‘premises’ and removed from the first line altogether.

This is the standard conditions that will accompany a licence granted in respect of a Sex Shop Sex Establishment Licence; hence they are specific in nature.

None N/A YES

Appendix C – Standard Conditions, Mail Order

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20 Oct 2010

2 Would suggest inserting commas after the words ‘Council’ and ‘Act’ and then ‘is’ and ‘general’ and finally after ‘save’ and the ‘as’ on the last line of this paragraph.


YES YES


20 Oct 2010

3. Would suggest putting a full stop after ‘change’ on the fourth line, removing ‘and’ and starting new sentence with ‘Such’ to break up the paragraph a bit.

These comments relate to Condition 5, not 3.

Agreed.

Amendments as per suggestion.

YES YES


20 Oct 2010

4 Would suggest removing the comma after ‘person’ and putting it after the word ‘licensee’ on the first line of this paragraph. Also, the word ‘some’ to be replaced with ‘a’ and another comma put after (“the manager”)Also, insert ‘and having been’ before ‘nominated’


YES YES


20 Oct 2010

6. Would suggest a comma after ‘shall’ and ‘times’ for better reading. All agreed. Amendments as per suggestion.

YES YES


20 Oct 2010

8 Would suggest substituting the word ‘parts’ on the first line with ‘areas’ and also substitute ‘part with’ with ‘surrender’. The word ‘part’ on the third line could be substituted with ‘section’ to reduce the number of ‘parts’ in the paragraph. It makes better reading.

Agreed as per amendments made to Sex Shop & Sex Cinemas conditions.

Amendments same as those made to Sex Shop & Sex Cinemas conditions.

YES YES


28 Sept 2010

10. Do they have performers in mail order establishments? Seems unlikely if the public are not to be admitted as required in the previous para?

Amendment to this condition has already been made by officers whilst correcting typographical errors. Any reference to performers has been removed as there are no performers within mail order premises – only within Sexual Entertainment Venues.

None N/A YES


28 Sept 2010

13. What about performers? Does their health and safety not matter? There are no performers within mail order premises – only within Sexual Entertainment Venues.

None N/A YES


20 Oct 2010

15 This is very confusing to read. Would suggest a format such as the following:‘Approval from the Council is required for changes from :a sex shop (including a mail-order shop) to either a sex cinema or sex entertainment venuesex cinema to either a sex shop or sex entertainment venue

Agreed. As per suggestion, although “sexual

YES YES

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a sex entertainment venue to either a sex cinema or a sex shopThis will require consideration of an appropriate application.’

entertainment venue” used instead of “sex entertainment venue”.

None N/A 16 Would suggest replacing the word ‘things’ with the word ‘items’ Agreed. Condition 16 amended as per suggestion.

YES YES


28 Sept 2010

16. Or mail order sex establishment. Otherwise they could be happily demonstrating away here? Presumably by appointment as the public are not allowed in.

The public is not allowed on mail order premises so there would be no-one to “demonstrate” anything to.

None N/A YES


20 Oct 2010

18 If courier services are used, would suggest a signing policy whereby parcels must be signed for by over 18’s only.

It would be inappropriate for conditions to be placed on businesses regarding matters that they would not be able to control, and be able ensure compliance with the condition.

None N/A YES


28 Sept 2010

19. Does this cover a vehicle with advertising written onto it? You know how some restrictions on advertising are overcome, by having a vehicle bearing the message strategically parked.

Conditions 19 to 22 relate to the external appearance of the premises only.

None N/A YES


20 Oct 2010



YES YES


20 Oct 2010



YES YES


28 Sept 2010

22. Presumably sex items. A typewriter for instance would not be precluded? There should be nothing that enables the public to know what type of business is being run within the premises; therefore no item of any description should be visible through a window or a door. It may not just be

None N/A YES

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“sex articles” as the business could sell underwear which is not classed as a sex article.


28 Sept 2010

25. What about opening the doors when goods are being loaded in or out? This clause only refers to people.

It is unclear how goods would be loaded in and out of the premises without people being involved.

None N/A YES

Appendix D – Standard Conditions, Sexual Entertainment VenuesLocal Safeguarding Children Board (109)

20 Oct 2010

2. Would suggest inserting commas after the words ‘Council’ and ‘Act’ and then ‘is’ and ‘general’ and finally after ‘save’ and the ‘as’ on the last line of this paragraph.


YES YES


20 Oct 2010

4 Would suggest removing the comma after ‘person’ and putting it after the word ‘licensee’ on the first line of this paragraph. Also, the word ‘some’ to be replaced with ‘a’ and another comma put after (“the manager”)Also, insert ‘and having been’ before ‘nominated’


YES YES


20 Oct 2010

6 Would suggest a comma after ‘shall’ and ‘times’ for better reading. Agreed. Condition 6 amended as per suggestion.

YES YES


11 Oct 2010

Condition 6. All the conditions should be on public display (not in a dark corner) The condition states “conspicuous position”.

All appropriate authorities will be aware of the standard conditions.

None N/A YES


20 Oct 2010

8 Would suggest substituting the word ‘parts’ on the first line with ‘areas’ and also substitute ‘part with’ with ‘surrender’. The word ‘part’ on the third line could be substituted with ‘section’ to reduce the number of ‘parts’ in the paragraph. It makes better reading.

Agreed – amendments same as for other conditions.

Amendments same as for other conditions.

YES YES


28 Sept 2010

11. Again does not specify if performers are included here for the daily register. Performers are covered by condition 16 as they are not always directly employed by the premises; they are often self-employed.

None N/A YES

Stithians Parish

28 Sept 2010

12. and performers. Their health and safety needs to be considered also. Agreed. Condition 12 amended as

YES YES

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Council (30) Safety refers to all forms of safety and is not restricted to health and safety.

follows “The Licensee shall take all reasonable precautions for the safety of the public, employees and other persons working in the premises. “


20 Oct 2010

13 would suggest ‘in particular’ with ‘particularly’ Not agreed. None N/A YES


20 Oct 2010

14 Would suggest adding ‘under any circumstances, to the end of sentence. The addition of this wording is not considered necessary. The condition is already quite definitive.

None N/A YES


20 Oct 2010

15 Would suggest adoption of a confiscation policy for fake ID with a notice displayed to inform customers this may happen if their ID is suspected as being fake.

This is not a matter that the Licensing Authority can condition as we have no authority to enforce against such a condition. It would be a matter for the police, for example, to provide advice and guidance as to seizure of such documents.

None N/A YES


28 Sept 2010

15. Again why people looking less than 25 should be checked to see they are over 18 seems obscure. 25 is stated in relation to requiring proof of age as it is easier to for the average person to make a judgement as to whether they think a person is younger than 25 than whether they are 18.

None N/A YES


28 Sept 2010

17. Why is there no guidance about what the House Rules should cover? Wear a condom at all times? Don’t drink the water?

This is a condition. The Policy document gives guidance regarding matters that should

None N/A YES

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be included in the “House Rules”.


28 Sept 2010

22. Good taste or decency, and yet the Council adopts no moral stance on these matters? This seems to contravene that worthy position.

We are precluded, under the legislation, from taking a moral stance. However, it is appropriate where premises are licensed, that sufficient controls are in place.See previous comments in relation to Section 11.12 – Form of Notice.

None N/A YES


28 Sept 2010

23. Needs to have ‘than that specified’ added where shown in the document. Condition completely reworded, officers unhappy with original wording.

Condition 23 reworded to read “The Council may specify, in writing, the number of members of the public that shall be present on the Premises at any time whilst relevant entertainment takes place, on the grounds of public safety, public nuisance or crime and disorder. The Licensee shall ensure that the number specified is not exceeded at any time.”

YES YES


20 Oct 2010

26 This is very confusing to read. Would suggest a format such as the following:‘Approval from the Council is required for changes from : a sex shop (including a mail-order shop) to either a sex cinema or sex entertainment venue sex cinema to either a sex shop or sex entertainment venue a sex entertainment venue to either a sex cinema or a sex shopThis will require consideration of an appropriate application.’

Agreed. As per suggestion, although “sexual entertainment venue” used instead of “sex entertainment

YES YES

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venue”. Now condition number 27.


20 Oct 2010

27 Would suggest replacing the word ‘things’ with the word ‘items’ Agreed. Condition 27 amended as per suggestion. Now condition number 28.

YES YES


28 Sept 2010

27. Presumably use of such articles during the entertainment shall not be construed as demonstration? “used,” has already been added to this condition in front of the word “displayed” by officers whilst correcting typographical errors.

None

Now condition number 28.

YES YES


20 Oct 2010


Agreed. Condition amended as per suggestion. Condition now numbered 30 in the current version of the Policy document.

YES YES


20 Oct 2010


Agreed. Condition amended as per suggestions. Condition now numbered 31 in the current version of the Policy document.

YES YES


16 Oct 2010

32. Can some provision be made to ensure that if sex establishments are set up, that they are banned from advertising in local press and anywhere children can see?

That would be a disproportionate and unreasonable condition and it is outside the control of the Licensing Authority. The public are in public areas to carry out various activities and may not be there through choice; therefore they have no active part in choosing to see what is on

None N/A YES

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display. However the public choose which press publications they purchase and therefore as part of this purchase agree to view its content, whatever that may be.


28 Sept 2010

35. Presumably this does not cover vehicles advertising the business? This condition states the words “shall be displayed on the outside of the premises”, therefore does not relate to any other location.

None N/A YES


28 Sept 2010

37. Such devices shall be maintained in good working order and be used ie the door not wedged open. Not necessary. Condition already states doors must be kept closed except for access and egress.

Officers have amended this condition to read “ensure” rather than “provide for”.

This has been amended on all standard conditions of licence.

Current condition numbers:

Shops & cinemas – Condition 32.Mail Order – condition 24.SEV -Condition 38.

“External doors shall be closed at all times other than when persons are entering or leaving the Premises. The external doors shall be fitted with a device to ensure their automatic closure and such devices shall be maintained in good working order.

YES YES

Stithians 28 Sept 42. The brackets need revising as shown on the draft Amendment to this None N/A YES

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Parish Council (30)

2010 section has already been made by officers whilst correcting typographical errors.


28 Sept 2010

46. Either this means that a striptease must be fully reversed or that the performer may leave the stage unclothed but must put their costume back on. Would they then be required to go home in the costume?

This condition means that upon completion of a performance the performer must put their clothing back on.

None N/A YES


11 Oct 2010

Condition 47. Why allow business cards? Valid comment. The following wording has been removed: “, except in the form of a business card which must be surrendered to the Licensee or their representative before leaving the Premises”. Now condition number 48.

YES YES


20 Oct 2010

50 Does this mean then that performers are allowed to be in the company of a customer in the toilets? Shouldn’t the performers have separate toilets?

No it means the opposite, i.e. that toilets are excluded as being classed as a public area.

To make this clearer an amendment has been made to the condition.

Condition amended to read as follows: “(this excludes the toilets as performers must not use the public toilets whilst open to the public).”

Now condition number 51.

YES


28 Sept 2010

50. Should not separate toilets be provided for staff and performers to those used by the public? This condition indicates that toilets are not areas that should be used by both customers and staff/performers the toilet area is excluded as a public area.

As above. N/A YES

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28 Sept 2010

51/1. Will they employ airline stewardesses to make sure their seat backs are in an upright position and that their tray tables are fully stowed? This provision is a joke.

It helps to ensure that the no touching condition / separation can be complied with and this a common requirement used by such premises in their “house Rules”.

None

Now condition number 52(2).

N/A YES


28 Sept 2010

51/3. Above the chest? This implies shoulders, neck and head? Condition clarified. The words “(excluding the head)” have been included after the word “chest”.


YES YES


28 Sept 2010

51/4. Not sit on Agreed – amendment to policy has already been made by officers whilst correcting typographical errors.

None


N/A YES


11 Oct 2010

Condition 52.2. remove “intentionally”. Not agreed. None N/A YES


28 Sept 2010

52/3 and 53 4th bullet point. These two provisions are mutually exclusive. 52/3 should say other than for the placing of banknotes etc etc

52/3 & 54 4th bullet point are not mutually exclusive as one relates only to performers touching each other the other relates to customers placing bank notes.52/3 performers may not touch customers (other than as described at 51(3).

None N/A YES


28 Sept 2010

55. This is incompatible with the requirements about table dancing and lap dancing. You can’t do those and keep three feet away at all times.

Not agreed – it is possible to maintain a minimum distance of 3 feet during all performances.

None N/A YES

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28 Sept 2010

57. I think you mean outlining the conditions in condition 54 not 57? Agreed – amendment to policy has already been made by officers whilst correcting typographical errors.

None N/A YES

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CONSULTATION RESPONSES RECEIVED WHICH ARE NOT RELEVANT TO THE POLICY AND/OR STANDARD CONDITIONS

RESPONSE DETAILS

DATE RECEIVED

CONSULTATION RESPONSE COMMENTS RECOMMENDED CHANGE TO POLICY

POLICY AMENDED

AGREED

Cllr.W, Newquay (2)

23 Aug 2010

As a local Newquay Town Councillor I have a genuine concern that some of the views being expressed against the operation of these establishments, are virging on the draconian. We are increasingly targeting the different type of visitors to our Town to a point where, in my view, it will start impacting on the ability of business to stay viable. Newquay does not exactly enjoy a mix of wealth creating business's like some other Towns in the county, we rely to a very large extent on tourism and anything that is an obstacle to it's growth will have an adverse affect on our future viability. I am in complete agreement that the 24 hour drinking licence regime needs to be addressed, closing pub's, club's, late night venues and food outlets earlier in the morning would be a sensible step, but targeting a particular type of business because some residents are not keen on the type of business they engage in, is detrimental to the growth of our Town which is recognised as the premier visitor resort in the County. These comments represent my own personal views, and I will be pleased if they can be taken into consideration during the consultation.

Comment not made in relation to the policy or conditions.

Comments also relate to Licensing Act 2003

N/A N/A YES

St Clement Parish Council (3)

23 Aug 2010

Thank you for consulting St Clement Parish Council on the draft policy for Sex Establishment Licensing. The Parish Council has discussed the consultation document and wishes me to state that it fully endorses the draft policy and has no further comment to offer.

Noted. N/A N/A YES

Cllr R- Breage PC (5)

20 Sept 2010

I hope you will stop such places from having a licence. They cater for one thing only. These so called "businesses" we do NOT need. Please have the stamina to oppose such licences,


N/A N/A YES

Mrs O - Newquay (10)

21 Sept 2010

I am the Headteacher of the XXXXXX Primary School and also a Newquay resident and parent of 4 boys.I do not think that any further Lap dancing premises should be licensed in Newquay and am not in favour of the ones we already have.

In a society that claims to promote equality of opportunity, Lap Dancing Clubs do directly the opposite and encourage men to view women in a degrading and unequal light. I do not think the message Lap Dancing clubs gives the young people of Newquay about how to have a good time is helpful or neccesary.


N/A N/A YES

Mr S & Mr C - Newquay. NTRA (12)

22 Oct 2010

We will be attending the forum on Friday hopefully the 10.00 session.We have a number of points that need addressing and they are as follows.1/ From reports there are only 2 lap dancing clubs in all of Cornwall and both are in Newquay. WHY.???? Both are located in areas where families shop and on the one and only main road to the family beach. I hope the sex venues review looks more closely at locations of possible sex venues and looks at the style of marketing of sex venues particularly flyer promotions, poster promotions, web advertising, and girls very scantily clad parading outside their premises day and night. Yes FACT.....We have all of that in Newquay much to the disgust of the family tourist market, the shoppers, the shopping traders, and the local residents.. FACT. 2/ Bar Crawls. The subject of Bar Crawls being allowed to adopt their own enterpretation of lap dancing promotions and simulated sex sessions in licensed public houses and clubs. How can the licensing authority adopt the lap dancing 3 foot rule for certain clubs but bar crawl do not apply this rule.???? The bar crawl code of practice is a free license for the bar crawl organisers to do what they like and is extremely expensive for the police & authorities to monitor and enforce. We need to address the Bar Crawl promotions and the method they employ to get young people in a state of sexual excitement where they take of their clothes and conduct body to body contact lap dancing and simulated sex sessions in licensed premises and sometimes on the route between premises. Bar Crawl also administer alcohol drink

Not relevant to policy or conditions – more in relation to Licensing Act 2003 issues and to interpretation of licensing requirements under the new provisions.

N/A N/A YES

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in the way of promotional shots and they get away with this under some absolute idea of applying a code of practice. ??? I HOPE THIS IS ADDRESSED .... PLEASE ON BEHALF OF ALL RESIDENTS.. BAR CRAWL IS A DRINKS AND SEX PROMOTION PLAYING WITH THE LICENSING AUTHORITY AND THE LAW AND SHOULD BE TOTALLY BANNED THROUGHOUT THE UK. THEY ARE SUCCESSFULLY BANNING BAR CRAWLS IN PARTS OF EUROPE, AUSTRALIA AND USA. LET CORNWALL BE THE FIRST IN THE EUROPE TO BAN THIS AND SAFEGUARD OUR £8bn FAMILY TOURIST MARKET AND PRIMARILY PROTECT OUR CHILDREN AND ALL RESIDENTS FROM THE OBSCENE ACTS VERY EASILY SEEN ON FACE BOOK AND PUBLIC HOUSES WHERE THE BAR CRAWLS TOUR, INCLUDING FAMILY TYPE RESTAURANT INNS SUCH AS THE ST AUSTELL CENTRAL BAR NEWQUAY WHERE THE BAR CRAWL TOUR IS ORGANISED..If bar crawls are not addressed, Newquay could be the next Ibiza and the capital of bar crawls in Europe as other areas in Europe are getting extremely strict & banning bar crawls. Face book is the best advertising tool on the market and bar crawl use it big big time.. Please see for yourself or discuss with Sarah Kent, go to 'newquay biggest bar crawl' then go to photos. they start mild then build up to big sex promotional photo's.

Ms S (13) 22 Sept 2010

Following an email on network cornwall regarding lap clubs in Newquay and Cornwall I want to state that I have no objection to them, people are very aware of what they are and what they offer, if you don;t like them stay away from them, the only stipulation I would say is that the girls that work there should be monitored re age issues.


N/A N/A YES

Ms M (14) 22 Sept 2010

I will be unable to attend the meeting on Friday but wish to register my opinion that I would like to see zero lap dancing clubs in Cornwall. This kind of culture has a place in our bigger cities but it's not why people live in Cornwall and not why people visit Cornwall. We live here because it is clean and decent and free of the flotsam that these kinds of clubs attract.

Please register my vote

Comment not made in relation to the policy or conditions.No specific localities have been requested.

N/A N/A YES

Mrs H (15) 22 Sept 2010

What difference does having a zero rating in cornwal makel it made no difference to the sex shop licence in truro being granted why dont we just call cornwall soho

Comment not made in relation to the policy or conditions - in relation to previous application already determined.

N/A N/A YES

Mr & Mrs W – Mawgan Porth (16)

22 Sept 2010

I AND MY FAMILY WHO LIVE IN MAWGAN PORTH DO NOT WANT TO SEE ANY LAP DANCING CLUBS IN CORNWALL THEY DEGRADE WOMEN ITS AN ABSOLUTE DISGRACE THAT YOU ARE EVEN THINKING OF HAVING THEM ,

Comment not made in relation to the policy or conditions. No specific localities have been requested.

N/A N/A YES

Miss Q (17) 23 Sept 2010

Being as I am unable to attend the proposed meeting on 24/09/10 at County Hall regarding the amount of lap dancing clubs in Cornwall I would just like to submit the following.

Comment not made in relation to the

N/A N/A YES

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I am opposed to any kind of lap dancing club be they in Cornwall or Canada. I do not believe that this type of entertainment is beneficial to communities as a whole and indeed, could be construed as the opposite, possibly giving rise to undesirable behaviour towards the girls that perform in these clubs and to women in general. Of course there are much wider implications on a global scale that have a profound effect on women through trafficking, money laundering and abuse. Lap dancing clubs are just the tip of a very large iceberg.

I hope that my views will be taken into consideration.

policy or conditions. No specific localities have been requested.

DLW (19) 10 Aug 2010

Dear Cornwall Government, I am writing in response to the notice in the Cornish Gaurdian about the sex club licensing. Considering that most people who work in the Sexual entertainment field have been sexually abused themselves or abused in one form or another I am saddened to hear that the Cornish government is even considering this licensing act. I can honestly say that the majority of people of sound mind and spirit would not welcome this at all. Preventing the abuses of people is a wonderfull thing and a most worthwhile venture. I would think pandering to the minority who would welcome such continuation of exploitation would not be on the Cornish Governments top priority list. Perhaps providing more services to get people out of the sex industry into a theraputic environment and providing alternative means of employment for them would be a better way forward for all. I for one do not care for the continuation of exploitation in any sense. I would say that only a cirtain type of male would encourage these types of venues and cirtain types of female unfortunately, who dont seem to be able to sort out their sex problems without exploiting another human being in the process. This is not the dark ages and you KNOW that the vast majoity of these workers HAVE been abused in one form or another. You KNOW it is EXPLOITAION. So on YOUR own heads be it.To put this license through you are knowing and actively encouraging and supporting the continuance of sexual expliotation of vulnerable people. There are no excuses to be had when dealing with the truth about the nature of these venues. I say NO and am accompanied by the majority. On your own heads be it.


N/A N/A YES

Mr H – Newquay (21)

12 Aug 2010

There are many problems with sex clubs/gentlemens clubs or whatever you wish to call them.

The employees are often vulnerable to exploitation. Even if they claim to be well paid, it is likely to have a detrimental effect to their self esteem and ambition over a period of time.

The clubs are perceived by many (if not really) to be linked to criminal groups and as such will slowly lower the status of the town in the minds of people who hear about and visit the town.

The presence of these establishments must surely have an effect on the the youth of Newquay who I believe will grow up with confused ideas of civilised behaviour and their attitudes towards women and themselves.


N/A N/A YES


28 Sept 2010

Para 11.2. I believe that there should be no further growth in this industry. Whilst a zero policy would be preferred by many residents.

No areas defined.

None. N/A YES

Mr H – Liskeard (31)

07 Oct 2010

With reference to the consultation concerning this policy I wish to comment as a resident in the County. I live in Liskeard but visit the city frequently. I have been appalled to learn that there is a proposal to open a sex shop in Truro in a street near the main shopping centre, though I understand there are residential establishments in the same street.

Comment not made in relation to the policy or conditions - in relation to previous

N/A N/A YES

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I have seen the document produced by the licensing services group. I understand that the proposal has not been adequately aired in the vicinity of the proposed establishment. (With ref to p11, item 7.7) In a public event at which representations were made the representative of the applicants was allowed to speak for 55 minutes, whereas those who were objecting were only allowed about five minutes in total. Is this true democracy in action ? The authority for the City, Truro City Council, objects, I understand unanimously, and their policy about the number of sex establishments in an area that they think suitable is nil. The area, as far as I can see includes private residences which presumably include children. I would take it that a sex shop in this particular place would be too available for children to encounter. I understand that the applicants have threatened a judicial review. Councillors should have enough confidence in their agreed policy to ignore any such threat in the future. If there is some loophole in the legislation which could allow a judicial review, the Council must make representation to Govenment about this.

application already determined.

Ms M (47) 14 Oct 2010

A DEFINITE NO !!!!!!!!!! I hate to see what my hometown has become. I am planning a trip home after many years abroad, and quite honestly I AM DREADING IT !!!!!!!


N/A N/A YES

Mr H-H – Newquay (48)

14 Oct 2010

I live and work in Newquay and am aware that there are currently key issues being discussed to decide the future of lap dance in the town. I am 31, male and work in the night time ecconomy although not actually in the lap dance area. I am a night club promoter in fact working in a competing venue.

I feel that the town is gentley enhanced by the the possibility of 'strip clubs' so long as they are well run and well presented. I hope that this can be considered when approaching the subject.

Comment not made in relation to the policy or conditions. General statement of support of Sex Establishments

N/A N/A YES

Prof. A - Newquay(49)

14 Oct 2010

I am writing to support the presence of these types of establishments in Newquay.

I have lived in Newquay for 13 years and in all this time the town has catered for stag & hen groups and large numbers of young people under 45 throughout the year. The then Lap Dancing Clubs that opened in Newquay were within the area of night clubs, pubs & discos and complimented the "West End" feel of the area with bright lights, music wafting out of the clubs and Doormen on duty. There was nothing sleazy, offensive or inappropriate on display outside these venues.

I am a single parent to a teenage boy & although I am over 50 I still enjoy going out with my girlfriends to the clubs. At no time have we ever had trouble with the men who are going in or out of the Lap Dancing Clubs. Of course we have had light banter with men in the area, but it is only of the drunken chat-up or lads about town type that you would get in any club or disco anywhere in the country. Neither myself nor my girlfriends have come across sexually aroused, predatory or menacing males as suggested by many of those opposed to these types of clubs.

As a very large number of the visitors to Newquay throughout the year are those who come specifically for the night life, I would say that this type of establishment has a valid place as part of the entertainment on offer. After all the clientele go into a club out of choice and I am sure that no one is under any illusion as to what type of entertainment is on offer in a Lap Dancing or Sexual Encounter Establishment. However, I

Not a comment in relation to the policy or conditions. General statement of support of Sex Establishments

N/A N/A YES

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do not believe that any of these visitors come to Newquay solely to go to one of these places & it is more that they happen to go because they find it is there when they get here. By this I mean that Newquay is not awash with dirty old men & the sexually depraved because we have lap dancing venues here.

You can never please all the people, all the time. I'm a born & bred Londoner, so maybe I am more open-minded & tolerant, but it seems to me that Newquay is a town of 2 sides. On one are the business owners, accommodation suppliers (of which I used to be one, with 6 self-contained holiday flatlets), the entertainment suppliers, the retail outlet owners and the caterers. On the other side are residents of a certain age who have mistaken Newquay for Bournemouth.

This type of establishment is in keeping with the vibrant night life scene that the commercial side of Newquay promotes. Women are no more or less at risk whether there is an establishment of this type or not. The majority of clubs and entertainment establishments are within a relatively short distance. All these places have SIA badged Security who are all in contact with each other via short wave radios. It would be detrimental to the town's image for the cap to be set at zero.

Mr F (64) 15 Oct 2010

In response to the message posted on Facebook, I have no issue with lap dancing clubs, so long as their outside image is not garish and in your face, like Divas in Newquay. Halos has a far more subtle classy feel to it's


N/A N/A YES


16 Oct 2010

I have been asked to inform you of my views about Sexual Encounter Establishments in the town Center of Newquay. I have lived in the town for over a decade and in my opinion the lapdancing clubs are some of the safest places to be on a Friday or Saturday night. I haven't been in them many times since they are not cheap but the times I have I have felt relaxed and not pressured and I feel they are a benefit to the town center, compared to all the bars and clubs which seek to get their customers as drunk as possible before releasing them onto the streets they are responisble places. I feel that banning them would be a kneejerk reaction by overly prudish people and would push sexually frustrated men back onto the streets where they might harrass female visitors to the town or get into fights with other sexually frustrated young men. If you really wanted to clean up the town center you would do better making cheap alcohol less readily available.Thank you for your time,


N/A N/A YES

Mr R (76) 17 Oct 2010

please get rid of these dam clubs its not good to bring kids up in Not a comment in relation to the policy or conditions. General statement.

N/A N/A YES

BS – unknown (outside of Cornwall) (81)

18 Oct 2010

I am planning to visit Cornwall (probably Penzance) again next year as I want to visit the Minack theater and revisit the beautiful countryside. I found out via a friend of mine that you are considering a "nil cap" on sex Establishments. I want to let you know that as a former and future visitor that I fully support a "nil cap" on sex establishments. I think there is no palce for them anywhere and would very much welcome it if destinations are kept free from them. I think sex establishments create no go zones for women and families and as a man I must admit that they make me feel very uncomfortable as well. I think they encourage the objectification of women and aid the exploitation of vulnerable women. I hope you decide to push through the "nil cap" and would appreciate it if you would keep me up to date with the process.

Comment not made in relation to the policy or conditions.No specific localities have been requested.

N/A N/A YES

Ms W (82) 18 Oct I am writing to voice my objection to any opening or renewal of licences of lap dancing clubs in Newquay. Comment not N/A N/A YES

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2010I am not a resident of Newquay but holiday there twice a year, and if lap dancing clubs are going to be part of the town I shall no longer holiday there. My reasons for this are varied, one being as a Psychotherapist who has worked with women involved in prostitution and lap dancing I am first handedly aware of the treatment women working in these clubs experience.Many spoke of being pressurised into performing "extras", were groped, fondled and assaulted, no boundaries of distance were upheld, all reported verbal abuse, unwanted touching and having been spat at.All of which breech health and safety of workers and something that should not be supported.

In my opinion this is not an average place of work, the women having to pay to perform, being seen as commodities and easy access. I no not want be in an environment where this is encouraged. As we know from research attacks on women are far higher in areas that sell women as commodities.

On a personal level I experienced such an attack outside a lap dancing club, various men, drunk, highly aroused begin to circle my friend and I shouting dance bitches dance, then groped my breasts and buttocks. I do not want other women or possibly children to experience such an attack. As Newquay is in my opinion such a great place with so much to offer tourist why would you destroy it but putting visitors and residence at risk?

please do not betray women and Newquay by having sexist out of date venues.

made in relation to the policy or conditions.

Ms H – West Yorkshire (83)

18 Oct 2010

Although I am not a resident of Cornwall, it is somewhere I have visited regularly since a child and have some wonderful memories of the fantastic countryside and wonderfully warm welcome from the locals.

We've visited Newquay as a family many times over the past 10 years and until recently have always enjoyed the vibrancy of the town and the fantastic beaches. However, I have been appalled by the increasing number of establishments offering lap dancing and cheap drink to marauding packs of youths (both male and female) who seem hell bent on having a good time at the expense of every other persons enjoyment and are often quite aggressive due to the level of alcohol consumed.

We visited this July and although visiting mid week purposely to avoid the weekend 'crush'; the residential streets around Trebarwith Crescent were still full of drunken youths out for a good time. We ventured one night into the town for a meal and were constantly having to negotiate the pavements full of drunken youths (many who appeared clearly underage) who had no consideration for the fact that I have a small child in a pram. In fact many of the youths continued to consume alcohol (in pint glasses!) whilst walking along the streets which I'm sure contravenes any 'zero tolerance' stance.

What surprised me most was the fact that the locations of these sex trade premises seemed to sit side by side or even within more conservative establishments such as hotels - I for one would certainly not be staying in any hotel near to one of these establishments!

What is happening to Newquay? And I don't understand why the authorities seem hell bent on driving away decent families in preference for a younger client and destroying what should be the jewel in the Cornish crown.

I would like my young family to experience the best of Cornwall but I'm sure I am not alone in feeling that is a safe environment and unfortunately will think twice before returning.


N/A N/A YES

Mrs P – Oldham (87)

19 Oct 2010

I have been a regular visitor to Newquay over the last twenty years and come down to stay with my daughter,son-in-law and two grandchildren at least three times a year. I love Newquay and have watched it grow over the years but am now forced to watch the town deteriorate.

In August this year I was returning from a very pleasant evening at Lusty Glaze with my ten year old


N/A N/A YES

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grandson, who I bring down with me every summer. It was quite late as we had walked slowly along the cliff top, enjoying the beautiful scenery and the balmy summer evening. When we reached the town centre we were dismayed to be confronted by a group of approximately 12 to 15 men outside Halos nightclub on Bank Street. They were shouting, chanting and swearing loudly. My grandson was panic stricken, crying and tried his best to hide behind me. All we could do was turn around and walk back quickly to Berry Road then up to and along Mount Wise. There were other families walking through the town, some pushing prams, but I didn't feel at all safe even though the men didn't approach us. My grandson was still crying when we finally reached my daughter's house. He has decided he doesn't want to go out in Newquay at night any more.

My grandchildren, aged eleven and seven, who live in Newquay have to walk through the town to get to school every morning. They are confronted daily by the remnants of the previous nights excesses. They too are afraid of going through the town at night with their parents. What are we teaching our children?

I have followed the zero tolerance campaign closely and wish to put my views forward. I honestly can't understand why Newquay needs lapdancing clubs at all. To site them in such inappropriate locations is nothing short of disgusting. It seems that formerly, a handful of greedy, self serving club owners were allowed to ride roughshod over the wishes of the majority with impunity. I am hoping now that this will change for good.

Mr P – Newquay (93)

19 Oct 2010

I am opposed to permission for sexual encounter establishments for the following reasons;

they create a tawdry and “anything goes” image of the Town, which will inevitably attract the sort of clientele that likes to drink and indulge in the anti-social behaviour for which Newquay has been exposed in the national press recently. Conversely, families, who form the basis for the tourist needs of the Town, are discouraged from visiting.

I have spoken to many people around Cornwall who, in former times, would have visited the Town. They are now discouraged by the drunkeness and lewd behaviour they have experienced recently and, now say they will not visit again.

Families with young children do not wish to see groups of young men drinking, shouting and swearing as they make their way to an establishment where nudity and other sexual encounters are performed, this is making the Town centre a virtual “no go area” for many locals and visitors alike.

I am sure that the owners of these establishments will say that this is a free country and people should be able to enjoy their holiday time as they see fit, but does that freedom also extend to me, not to have my town dragged into the depths of depravity, with the drunkeness and anti-social behaviour these establishments encourage?


N/A N/A YES

Anonymous (105)

19 Oct 2010

Get rid of them all! Comment not made in relation to the policy or conditions.

N/A N/A YES

Ms M (111) 20 Oct 2010

I am writing to you with regard to the applications for lap dancing licences in central Newquay. As a trader in the town for many years I can remember the "good old days" when Newquay was a buoyant town full of families enjoying their summer holidays, but gone are those days and we are left with a town full of drunks and hooligans ruining not only the town but it's good name. Families no longer wish to visit the resort as they do not want to encounter the type of people we are


N/A N/A YES

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attracting when they stroll through the streets after their evening meals with their children at their side. The sight of semi naked men on a stag party, or university students celebrating their end of term and off their heads on booze and drugs is not pleasant for anyone to see. The provision of bars such as lap dancing only further encourages the type of people we do not want to attract. They come to the town get drunk, revel throughout the night and spend all day in bed recovering. No wonder so many local shops are having to close because of lack of trade. I see only today that Stokes, the local fruit and veg shop, has closed and gone into liquidation. Until the Council and other local authorities start to take responsibility for what they have allowed to happen in Newquay, the town will just continue in it's demise. We want and need to be a family resort for local retailers, hoteliers etc. to survive. If the town became buoyant with families once again we would all benefit, including the bar/club owners, they would just have a different more amenable clientele. On a more considered note, as a local church child safeguarding officer I think we have a moral duty to our local children to stop the spread of such licensing. It is degrading to women and not an image we wish to portray to our young people. I am sure there would be a public outcry if we were parading men with no clothes on, so why is it seemingly acceptable to do it to women? I would appreciate it if you would keep me informed of the outcome of this matter. Thank you,

Ms S (117) 21 Oct 2010

I have just heard about this consultation, and wanted to take the opportunity to tell you how deeply offensive I consider these establishments to be. They are frequented by groups of men, who are usually intoxicated. They attend these premises in order to purchase sexual arousal. They are encouraged to view the women who work there as beings whose sexuality can be bought. If you believe that those men are not allowed to orgasm on the premises, then it must be obvious that they are eventually released onto the city streets in an intoxicated, sexually aroused state. How can that be anything other than dangerous for the women and girls who share those streets? I have personally been the subject of offensive sexual banter in the vicinity of lap dancing clubs. It is offensive and menacing. I have not reported these incidents to the police, because I am pretty sure it wouldn’t make a difference. You now have the opportunity to do something about it though, and I hope that you will. Why allow areas of Newquay to become no go area’s for women? Why expose children to the notion that Councils consider it alright for women’s’ bodies to be traded as commodities?

Comment not made in relation to the policy or conditions

N/A N/A YES

Cornwall Councillor - Newquay Central Ward(120)

20 Oct 2010

Please convey my concerns regarding the licensing of sexual encounter establishments in the Newquay Central area to the review panel.

I am aware of concerns raised by headteachers from all three levels of education in our town and would agree totally with their worries that such establishments do nothing to enhance the great family resort which Newquay once was and we are all working so hard to create again.

We have outstanding schools in our town which develop in our children, high standards of moral, ethical, social and cultural awareness. This fine work is only undermined by those establishments that put profit before the community. This is not a rash statement but an matter of fact with one such business now closed by magistrates following an unsuccessful appeal against a rash of breaches of their license and both existing premises currently operating in an unauthorized manner, as they do not have planning permission for such use.

I also believe that there are a number of other establishments in our town who currently hold, but do not


N/A N/A YES

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use, this type of license. All of which are close to areas of high family activity and in one case a primary school.

To my mind this is not acceptable and I urge you to give due weight to the protection of our young people from harm, which is a statutory duty of the licensing committee.

Lane Theatre - Newquay (124)

30 Aug 2010

our theatre is run for the sole purpose of FAMILY ENTERTAINMENT ONLY. Its a sad day that such sexuual entertainment is allowed in our beautiful county.

Not a comment in relation to the policy or conditions. General statement.

N/A N/A YES


15 Oct 2010

Defined areas of our Towns should be given a ‘nil’ limit to sex establishments. No areas defined. None. N/A YES


20 Oct 2010

Para 11.2. I would prefer the numerical restriction to be ‘nil’ – especially if the aim is Public Health & Protection”!!

No areas defined. None. N/A YES

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