Cornwall policy consultation database sex establishment policy – 28 July to 20 October 2010

Section 13 – Consultation and engagement
Stithians 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 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.	None	N/A			YES
Local Safeguarding Children Board (109)	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 Management
Local 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
Ms R – Newquay (65)	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 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.	None		N/A			YES
Local Safeguarding Children Board (109)	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
Local Safeguarding Children Board (109)	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
Stithians Parish Council (30)	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 Policy
Stithians 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 applications are prescribed in primary legislation and not by the licensing authority.	None	N/A			YES
Local Safeguarding Children Board (109)	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-Compliance
Local 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
Mrs C – Truro (142)	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
Truro City Council – (113)	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 ecognize 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 approach and in accordance with Public Health & Protection’s Enforcement Policy.	None		N/A			YES
Ms W – Bodmin (40)	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
Local Safeguarding Children Board (109)	20 Oct 2010	16.3 Would suggest a comma after the words ‘that’ and ‘possible’	Agreed.	Amendment as per suggestion.	YES			YES
Local Safeguarding Children Board (109)	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
Local Safeguarding Children Board (109)	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; 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 (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.	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. 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. 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.	None		N/A	YES
Stithians Parish Council (30)	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 – Information
Local Safeguarding Children Board (109)	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 thus the hyperlink is facilitated.	None	N/A			YES
Section 18 – Evaluation and Review
Local 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
Stithians Parish Council (30)	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 Application
Local 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