To submit the
report of the Cabinet Member for Environment.
Decision:
·
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.
Minutes:
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.
Supporting documents: