Agenda item

To submit the report of the Cabinet Member for Environment.

·                To adopt, county-wide, the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by the Crime and Policing Act 2009, to become operational no earlier than 1 December 2021.

·                To instruct the Head of Legal Services to publish the statutory notices associated with the decision to adopt for two consecutive weeks, with the first no later than 28 days before the date when the decision to adopt comes into force.

·                To delegate the matters of determining fees, setting standard conditions and a plan for processing applications to the General Licensing Committee.

The Cabinet Member for the Environment submitted a report asking the Council to adopt powers to regulate sex establishments and associated requirements.

The Assistant Head of the Environment Department elaborated on the background information.

The Monitoring Officer noted that the third recommendation in the report needed to be rectified, which referred to delegating the matters of determining fees, setting standard conditions and a plan for processing applications to the 'Central Licensing Committee', to read 'General Licensing Committee'.

Members were given an opportunity to make observations and ask questions.  Individual members submitted the following observations:

·         The report was welcomed and gratitude was expressed to the Department that had been working urgently on this policy matter.

·         It was emphasised that it was important to get the right to regulate this field and although low level establishments were in question, and they were very scarce in the county, if at all, it had to be ensured that sex shops continued to be modern places, that were friendly to women and couples, and not only for men, as they had been in the past.

·         Although it was not anticipated that the Council would receive an application to license an adults' cinema in the current on-line digital age, it was noted that the ability to manage the type of products that could be exhibited in such an establishment was all important.

·         Although it was not anticipated that sex entertainment premises would come to Gwynedd, it was noted that it was essential that we had powers in place to be able to protect the well-being and safety of women working in such establishments, as they were among the most vulnerable in society, and often very young. 

·         Although the current discussion had been instigated by an application to open a sex shop, it was noted that it was important to remember that the same relevant act here included sex entertainment premises. As a result, it was a requirement to consider the far-reaching implications of the discussion in case we had to face such applications in future.

·         It was noted that sex establishments reinforced damaging cultural attitudes towards women, and normalised women being seen as sex objects, and that the link between seeing women as sex objects, dehumanising them and violence against women had been recognised. There was also a great deal of concern about the way women working for these businesses were treated and exploited.  Reference was made to research that showed that women felt more forlorn and vulnerable in public spaces when sexual images of women were displayed there, along with other research work that showed that the cases of sexual harassment and violence against women increased in the vicinity of these businesses.

·         Should the Council prohibit these businesses, it was suggested that this would send a clear message to the people of Gwynedd, which could reduce the damaging attitudes of men towards women, and this policy would be consistent with the Council's efforts to promote equality and consistent with the message being conveyed in our schools, namely that men should respect women.

·         It was noted that the majority of women working in these businesses did so because of poverty, a lack of care and child care needs and that sex businesses profited from the deprivation within our communities.

·         It was noted that it was also important for sex and relationship education in our schools to discuss these complex subjects and that we held awareness raising campaigns and worked on plans that created alternative paths for vulnerable women, in order to prevent women from having to work for these businesses in the first place.

·         It was emphasised that we must do everything within our means as a Council to prevent all types of prejudice and violence against women, and we should follow the example of other councils by working towards a White Ribbon Accreditation, namely a declaration that the Council is committed towards tackling violence against women.

·         It was enquired what would be the procedure in terms of further discussion and proposing of further action to manage the potential number of sex establishments, or to declare a complete objection to businesses of these type, following the regulation?  In response, it was explained that the recommendation before the Council was to adopt a system that approved licensing or not, and in having this statutory discretion, a viewpoint stating that the Council would not allow any at all could not be put forward.  Dealing with any applications would be a matter for the General Licensing Committee.

·         It was noted that closing these establishments would not ensure the safety of any woman or person, and that they should be regulated instead of being swept under the carpet.

RESOLVED

·           To adopt, county-wide, the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by the Crime and Policing Act 2009, to become operational no earlier than 1 December 2021.

·           To instruct the Head of Legal Services to publish the statutory notices associated with the decision to adopt for two consecutive weeks, with the first no later than 28 days before the date when the decision to adopt comes into force.

·           To delegate the matters of determining fees, setting standard conditions and a plan for processing applications to the Central Licensing Committee.