How much consultation must a council conduct before adopting its policy?? I will be speaking on this issue on Friday at the Institute of Licensing London.

According to the High Court in the recent important decision involving Bournemouth Christchurch and Poole Council (BCP) it appears that there is no end to consultation that should be carried out at great expense to the council taxpayers of the area and based on staggering and pitiful response to consultation of 176 voters out of a total of 400,000 voters or 0.02% turnout with 99.98% expressing no view.

BCP merged in 2019 and in accordance with law decided to hold a consultation on a unitary sexual entertainment venue policy. Over a period of two years and at doubtless great expense to the council taxpayer of the area BCP conducted an excellent and sterling consultation and one of the most comprehensive I have seen in 35 years. there were no less than 14 phases in including production of two draft policies; two consultations to 400,000 people; meetings of several licensing committees and working groups; preparation of equality impact needs assessments; progress reports; all member briefings; gathering evidence for an equality impact assessment and a full council meeting including all 62 elected members of the council.

One wonders what more BCP could have done before implementing the new policy, but they were challenged by one individual in the High Court by way of judicial review of the agreed policy passed by 35 votes to 14 in council.

The High Court in February found against the council and quashed the policy which effectively scrapped the old limit in the number of SEV’s in BCP and allowed for the three venues in Bournemouth would have their licences renewed if circumstances in the locality had not changed.

The court indicated that BCP should have gone further and carried out research on the effects of sexual entertainment venues on attitudes to and treatment of women notwithstanding that it appeared that this had been done in any event as part of the 14 phases of consultation. This notwithstanding that a mere 0.02% (176) of the voting population of 400,000 had expressed a view.

This exercise over two years was undoubtedly costly to the council taxpayer of BCP and now they are required to spend even more taxpayers money on further extensive research. There needs to be a balancing exercise conducted on the expense of such exercises when the level of response to consultation is so pitifully low.

I have advised local authorities and operators in this area for many years and stand ready to assist any councils who are starting out on such a consultation exercise.