The
new lap dancing licensing regime comes into force on 6th April 2010.
There are transitionary arrangements to begin with.
See
Policing and Crime Act 2009
from
opsi.gov.uk
See also
Explanatory Notes
from
opsi.gov.uk
Part 2 of the Policing and Crime Act 2009 has sections
- Section 27 Regulation of lap dancing and other sexual
entertainment venues etc 2.
- Schedule 3 Lap dancing and other sexual entertainment venues etc:
transitional provision
These amend the
Local Government (Miscellaneous Provisions) Act 1982.
The basic changes are that Sexual entertainment venues are now to be
separately licensed from general bars.
Sexual Entertainment Venues are defined as having live performances including
nudity that are intended as sexual stimulation. Events happening less than
monthly are exempted
(1) In this Schedule sexual entertainment
venue means any premises at which relevant entertainment is
provided before a live audience for the financial gain of the
organiser or the entertainer.
(2) In this paragraph relevant
entertainment means—
(a) any live performance; or
(b) any live display of nudity;
which is of such a nature that, ignoring
financial gain, it must reasonably be assumed to be provided solely
or principally for the purpose of sexually stimulating any member of
the audience (whether by verbal or other means).
(3) The following are not sexual
entertainment venues for the purposes of this Schedule—
(a) sex cinemas and sex shops;
(b) premises at which the provision of
relevant entertainment as mentioned in sub-paragraph (1) is such
that, at the time in question and including any relevant
entertainment which is being so provided at that time—
(i) there have not been more than eleven
occasions on which relevant entertainment has been so provided
which fall (wholly or partly) within the period of 12 months
ending with that time;
(ii) no such occasion has lasted for more
than 24 hours; and
(iii) no such occasion has begun within
the period of one month beginning with the end of any previous
occasion on which relevant entertainment has been so provided
(whether or not that previous occasion falls within the 12 month
period mentioned in sub-paragraph (i));
(c) premises specified or described in an
order made by the relevant national authority.
Further definitions are included:
- audience includes an audience of
one
- display of nudity means—
(a) in the case of a woman, exposure of her
nipples, pubic area, genitals or anus; and
(b) in the case of a man, exposure of his
pubic area, genitals or anus
Sexual Entertainment Venues are then liable to local authority
licensing and of course fees. It is nominally optional for local
authorities to adopt the new licensing regime.
In addition, councils have been given the
arbitrary power to refuse licenses with the new justification:
that the number of sex establishments, or of
sex establishments of a particular kind, in the relevant locality at
the time the application is determined is equal to or exceeds the
number which the authority consider is appropriate for that locality.
Also objectors are no longer restricted to those who just live or
work near the proposed venue.
However, the new regime still does not take into account objections
on moral grounds.