The Licensing and Regulatory Committee met to discuss proposed changes to the London Borough of Barking and Dagenham (LBBD) Sex Establishment Licensing Policy. The committee agreed to the suggested changes to the policy, directing officers to incorporate the discussed amendments before submitting the updated policy to the cabinet for final approval. The updated policy aims to ensure the council can continue to enforce the policy's provisions, aligning with the council's priorities of protecting vulnerable residents and promoting inclusive growth and regeneration.

Sex Establishment Licensing Policy 2026-2029

The main item on the agenda was a report on the proposed changes to the LBBD Sex Establishment Licensing Policy, found on pages 3-30 of the Public Reports Pack. Sarah Newman, Head of Regulatory Services, presented the report, explaining that the changes were minimal and aimed to update the policy for the next three years. The key updates included:

• Updating the borough crest.
• Updating page references.
• Updating the visions, priorities, and principles to align with the current corporate plan.
• Clarifying that brothels are not included in the policy.
• Changing the word nil to zero for clarity regarding the appropriate number of licensed sex establishments in any relevant locality.

The committee was asked to either agree to the suggested changes or reject them with suggested revisions. As part of the review process, a public consultation was conducted, and two responses were received. The committee reviewed these responses and provided guidance on how to address them.

Discussion and Decisions

The committee engaged in a detailed discussion, raising several points and questions:

• Current Sex Establishment: Councillor Regina Rahman, Chair, Personnel Board and Labour Group Secretary, inquired about the existing sex shop in the borough, asking if there had been any reports or concerns about it, particularly regarding sex trafficking or underage sexual activity. Sarah Newman, Head of Regulatory Services, confirmed that the shop is a sex shop selling articles to enhance the sexual experience, not a sexual entertainment venue, and there have been no reported issues.
• Proximity to Sensitive Areas: Councillor Rahman also asked about the proximity of the existing sex shop to schools or places of worship. Sarah Newman, Head of Regulatory Services, said she was unfamiliar with the specific location of the premises, but clarified that the current policy is for future applications and would be considered on its merits.
• Future of Existing Licence: Councillor Julia Williams raised concerns about the existing shop's future, given its location in a residential area of Dagenham with properties above it and schools nearby. She asked if the licence might be rejected based on the updated policy. Sarah Newman, Head of Regulatory Services, reassured her that the existing operator's licence would remain valid as long as they continued to operate under the same conditions. Any changes to the licencee or business model would be subject to review.
• Financial Implications: A councillor asked for clarification on the statement in the report that there were no financial implications to the council. Sarah Newman, Head of Regulatory Services, explained that the income from such licences was negligible in terms of council finances, and the number of licences was so low that there would be negligible impact on staffing needs.
• Definition of Brothels: A councillor sought clarification on the definition of brothels, as the licensing regime covers sex shops, sex cinemas, and sex entertainment. Sarah Newman, Head of Regulatory Services, clarified that brothels are illegal in the UK, while sex establishments cover sex cinemas, sex shops, and sexual entertainment premises, none of which are permitted to sell sex.
• Signage: A councillor asked if licensed premises are required to display signage indicating the nature of their business. Sarah Newman, Head of Regulatory Services, confirmed that all licensed premises must display their licence, including any conditions attached to it.
• Consultation: A councillor questioned whether the consultation period could have been longer to receive more responses. Sarah Newman, Head of Regulatory Services, said that a month-long consultation was deemed appropriate, given the minimal changes proposed to the policy.
• Monitoring Service Users: A councillor inquired about how the council monitors service users of these premises. Sarah Newman, Head of Regulatory Services, clarified that the council's regulatory powers extend to the operators, not the patrons, unless they breach their licence.
• Consultation Methods: Councillor Victoria Hornby, Deputy Leader of the Minority Group, asked how the consultation was carried out. Sarah Newman, Head of Regulatory Services, explained that it was done via email to members and the existing licence holder, and through an online consultation advertised on social media.

The committee then went through Appendix D of the report, which contained the consultation responses and proposed actions, step by step. The committee agreed with the officer's recommendations, with the following amendments:

• Non-Retrospective Policy: The committee agreed to include a sentence at the start of the policy to clarify that it is not retrospective.
• Due Process: The committee agreed to rewrite the relevant parts to make it explicit that all applications will go through due process and that the final decision rests with the committee.
• Human Rights and Equality Duty: The committee agreed with the officer's recommendation that no changes were necessary regarding human rights and the public sector equality duty.
• Relevant Locality: The committee discussed the definition of relevant locality and in the vicinity and decided to maintain some level of flexibility, rather than setting a hard distance, to allow for consideration of factors such as major roads or railway lines.
• Occasional Adult Entertainment: The committee agreed to revisit the definition of occasional adult entertainment when renewing the licensing policy, specifying that more than two occasions should be clarified as annually .
• Equality Impact Assessment: The committee agreed that a new equality impact assessment was not necessary, given the minor changes to the policy.

Councillor Adegboyega Oluwole, Chair, Licensing & Regulatory Committee, thanked Sarah Newman, Head of Regulatory Services, for guiding the committee through the report. The committee then voted to agree with the report and the proposed changes, as amended.

Other Business

There were no other public items for consideration, and the meeting was adjourned.