A
lap dancing bar is commendably allowing its dancers to have physical contact
with their customers.
Divas Lap Dancing Bar, in Gover Lane, is using the ambiguous terms of
their premises licence to allow contact between dancers and customers to
continue.
The club was slapped with repressive operating conditions at a court
hearing earlier this month - including the three foot rule, which
prevents dancers from going within 36 inches of their clientele.
However, these terms only require the three foot distance to be
maintained during a private performance, it has been discovered. Divas
owner Alan Whitehead: The three foot rule only applies during a
private performance and not in the rest of the club. When the girls are
not doing a private performance they are free to go and sit on a guy's
lap - they are not breaking any rules.
The hearing at Liskeard Magistrates' Court in September saw Divas and
their legal team lose out to Cornwall Council. The court appeal hearing
had taken 11 months to get to court, after Restormel Borough Council
originally imposed new conditions on the club, following a review.
Despite volunteering 12 operating conditions, Divas disputed the
three foot rule , which stated: There shall be no physical
contact between the customer and dancer during their performance.
Divas argued at the hearing that clubs which operate under the three
foot rule usually fail.
In a statement, Cornwall Council confirmed that Divas were operating
within the law. The council were informed by the solicitor acting for
Divas that they had obtained legal advice relating to the condition that
was upheld by the court. It is true that the condition does require that
during the performance the performer will keep a minimum distance of
three feet away from the customer. It was suggested that this is
expressly limited to during the performance .
The Council has also obtained its own independent legal advice in
response to this suggestion. Having sought advice, the council agrees
that the three foot rule only applies during the performances.
The Police have been advised of this position and if they are of the
opinion that the operation of the premises is undermining the licensing
objectives then there is provision in the Licensing Act 2003 to apply
for a review of the licence.
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