Agenda item

The LicensingCommittee comprehensivelydiscussed thereport andappended policyand raisedthe followingproposed amendmentsand comments inrespect ofthis matter:

-       In respectof thelack ofthe abilityto whistleblow itwas suggested thatthe followingwording beincorporated withinthe policyto address concernsin relationto theirbeing theopportunity toraise issues andconcerns ‘togive dancersencouragement’

-       The referencesto ‘grandfatherrights’ beamended toread ‘acquired rights’

-       Paragraph 10.4of thepolicy beamended toread ‘Ithas been determinedthat theseexisting licenceswill continueto berenewed, on application,by theexisting operatorsduring thelifetime ofthis policy ifthere isno materialchange inthe characterof thearea in theintervening period.If thereare anyobjections toan applicationit will beconsidered bythe LicensingCommittee inaccordance with therelevant statute.This essentiallyprovides acquiredrights to theseexisting operatorsfor thecurrent time’.

-       The introductionof Paragraph11.2 beamended toread ‘…having regardto itsproximity tofor example…’

-       Reference bemade withinthe listat Paragraph11.2 toinclude that thearea shouldbe welllit withgood transportlinks.

-       Remove paragraph11.5 andinclude thebullet pointswithin paragraph11.2.

-       Retention ofCCTV referredto inparagraph 30be amendedto requireretention for90 days(and not31 daysas setout).

-       Paragraph 48(c) beamended toremove theword ‘intentionally’,‘accidentally’and‘or dueto a3^rd party’for thepurposes ofrestraint.

-       The policybe amendedto ensuregender neutralterminology has beenused.

RECOMMENDED that subject to the amendments above being incorporated the policy as presented be agreed and forwarded to full Council for approval.

The Council is also advised of the following for consideration

Amendment to Draft Sex Establishment Policy 

Proposal 

The Licensing Committee request that the following amendment to the Draft Sex Establishment Policy as submitted before the Council today is agreed by Council. 

The Licensing Committee on 16^th September 2021 agreed to increase the retention period for CCTV within Sexual Entertainment Venues from 31 to 90 days.?  

I can confirm that all members of the full Licensing Committee have been consulted on this amendment and that all members have agreed that the CCTV retention period should be amended to 31 days and not 90 days as agreed on the 16^th and reflected in the minutes as presented today.

Reason for amendment 

Although in theory this was a very good idea,?officers have subsequently received further advice that this change goes against the?principles of GDPR and the guidance issued by the Information Commissioners Office (ICO), which states that personal information should be deleted as soon as practical.? 

For?domestic users this is 14 days and for commercial users this is 31 days. 

? 

Officers have spoken to the BCP Councils’ CCTV manager and the Crime Prevention Officer for Dorset Police and they have both confirmed that they both agree that 31 days is reasonable and any longer would?breach ICO rules. 

? 

Assurance can be provided that if any incidents occur at venues, officers would always download any CCTV images and save a copy for action, this then gives any victims plenty of time to come forward if they so wish. 

The Draft Policy presented today reflects this amendment pending agreement by Council. 

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