Screening
4.1 Why can’t screening bye-laws be done centrally?
Model bye-laws have been looked at centrally. Local Authorities will only need to screen bye-laws if they have imposed any requirements above the minimum stated in the model bye-laws.
4.2 Would it be possible for Primary Authorities to lead on this rather than Local Authorities?
We don’t believe this would be practicable as each Local Authority has its own way of working, including processes, practices etc. However, there is nothing to prevent a group of neighbouring authorities from working together on this.
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4.3 Will there be an audit of local authorities to check that we have screened our legislations correctly?
BIS is working with local authorities to ensure that the UK fulfils its obligations under the Directive. In addition, we will be working with key stakeholders, including LACORS, the LGA and others to ensure that we provide the support needed to ensure this happens, e.g. advice, guidance, training etc. No full audit of all local authorities is planned; however, local authorities should bear in mind the consequences of non-compliance as set out in Qs 4.1 & 4.2 above.
In the first half of 2010, the UK, along with other EU Member States, will undertake a six-month mutual evaluation process of how the Directive has been implemented.
4.4 By law, a local authority can restrict sex shops to one per area, will that still be allowed?
Any restrictions will have to meet the requirements as set out in the Directive concerning Overriding Reasons of Public Interest (see Recitals 40 and 41 and Article 4(8) and 15 of the Directive).
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4.5 Where primary legislation allows local authorities to limit the number of service providers in an area, will BERR change the legislation if needed?
Any restrictions will have to meet the requirements under Recitals 40 and 41 and Articles 4(8) and 15 of the Directive that deal with Overriding Reasons of Public Interest.
4.6 Will lap dancing legislation be covered/changed by the Directive?
The Home Office is leading a review of lap-dancing legislation and all stakeholders will be informed of the outcome in due course.
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4.7 If a number of local authorities implement the same local act, will they all have to screen it individually?
Local authorities are individually responsible for the way they implement the legislation they are responsible for; however, BIS would encourage local authorities to work together on agreeing a common view on this through existing local, regional and national networks.
4.8 Will the Licensing Act 2003 need to be changed in order to comply with the Directive?
Some aspects of the alcohol and entertainment licensing regime that relate to the application process appear to be non-compliant with the Services Directive, such as the need to submit hard copies of application forms to several different authorities. DCMS is considering the extent of the changes that are necessary and will advise in due course.
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