Lap Dancing in Devon and Cornwall

Physical contact between lap dancers and customers is to be banned at a Cornish night club.

The rule means dancers at the Red Square (Divas) club in Newquay must stay 3ft (0.91m) away from customers.

It brings the club in line with four other lap-dancing establishments in the resort.

Red Square said it would appeal against the ban which Restormel Borough councillors voted in favour of at a meeting on Monday. The ban will not come in to force until the appeal has been heard.

Andrew Waters, the chair of Restormel's licensing committee, said it was important to bring Red Square in line with Newquay's other lap dancing clubs.

But Nicholas Hall, the solicitor representing Red Square, said: No alcohol is served within the dancing area. Every seat can be seen by a full-time security presence and activities are monitored by CCTV cameras. The management engage their dancers in a formal contract which includes a 'code of contact' which each dancer is invited to execute as part of her employment.

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 toduring 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.

A Newquay lap dancing bar can no longer provide nude adult entertainment, following a review of its licence by Cornwall Council and town police.

The review into the licence of Divas Lap Dancing Club, on Gover Lane, heard how the club had broken rules on a number of occasions, including the employment of a 17-year-old girl as a dancer, the flagrant breaking of the three-foot rule as well as extremely positive tests for cocaine being used in the club's toilets.

In the meeting, which lasted more than six hours, police showed footage taken from an officer's head-cam and questioned one of the club's licence holders about the rule breaking.

The club has 21 days to meet the new rules, but could choose to appeal against the decision. Should an appeal be lodged, the club will be able to continue as a lap dancing club until a decision has been reached.

The news comes just months after Divas had the three-foot rule – where dancers were not allowed to go within three feet of customers - imposed on it by Liskeard Magistrates Court.

Halos Gentlemen's Club in Newquay has been told it must stop its lap dancing after breaking miserable council rules.

Cornwall Council refused to renew an adult entertainment licence after complaints that dancers were getting closer than the 3ft (1m) allowed.

The club's owner said he was considering an appeal. In the meantime he planned to continue trading as an ordinary nightclub.

Denise Mutton, chairman of the licensing sub-committee, who saw CCTV footage of the lap dancers, said: We saw several incidents of dancers crossing the line over a two day period.

A Newquay lap-dancing bar has become the first in Cornwall to gain a new licence to provide sexual entertainment. Wild Cherry, on Beach Road, was granted a new Sexual Entertainment Venue  licence by Cornwall Council's Miscellaneous Licensing Committee.

However, the decision has prompted an angry response by nutters, who are opposed to the lap-dancing industry in their town. Wild Cherry's licence application received 81 letters of objection from the public.

Newquay police were also against the application, stating that the Koola Bar, which is part of Wild Cherry and the Chy Bar, failed a test purchase when bouncers allowed a 15- and 16-year-old in and allowed them to buy two bottles of beer. Police claimed that this was demonstrative of poor management. Police also objected to the application on unlikely grounds of crime and disorder as well as cliched 'inappropriate' location.

Lyndon Harrison, chairman of the Chamber of Commerce, Leisure and Tourism, supported the application: This type of business is absolutely necessary for Newquay to be able to compete with other towns and cities around the country .

Nutters are now demanding answers from Cornwall Council and questioning the procedure used in awarding the licence. Dave Sleeman, chairman of Newquay Town Residents' Association, has written to the council's chief executive Kevin Lavery and its leader Alec Robertson declaring the committee not fit for purpose .

Wild Cherry's adult entertainment licence will come into force on January 1, 2012, and allow it to open from 10pm to 4am between Thursday and Saturday.

In a bollox sounding claim, Newquay police chief claims that lap dancing clubs encourage rape and sexual assaults.

Inspector Ian Drummond-Smith made the claim in his official letter of objection to an application to open a new strip club in the town's Bank Street. He claimed that lap dancing clubs have contributed to fourteen rapes and 34 sexual assaults in the last two years.

Police figures quoted by Insp Drummond-Smith show there were 69 reported sex crimes within a mile radius of the club between January 2010 and February this year, which also included 15 cases of indecent exposure and six other sexual offences. Five of the rapes and 16 sexual assaults were committed within half a mile.

If the police case is based purely on proximity to clubs then it is clearly bollox. More or less the entire town is located within a mile of Bank Street and the half mile radius covers the entire town centre. Perhaps the large amount of pubs and clubs for young people may have something to do with it too.

He seems to have made a leap of faith in jumping from proximity figures to anything causal. He weakly pontificated:

It is of concern that sexual entertainment would take place in such proximity to dwellings and vulnerable persons, and those leaving the premises, having been subject to highly sexualised performances, may be at greater risk of committing sexual offences. The combination of factors above, in particular the vulnerable groups identified, have contributed to the sex crimes.

Cornwall Council's licensing committee is due to decide today on an application for a Sexual Entertainment Venue permit for Kiss Gentlemen's Club, formerly known as Halos. There is already one lap dancing club, Wild Cherry, operating in New Quay.

Lyndon Harrison, chairman of the Newquay Association of Licenced Premises, backed the application, saying It's down to what Newquay needs to compete in today's tourism market. Harrison, who is also chairman of the Newquay Chamber of Commerce and Tourism, dismissed claims that strip clubs were linked to an increase in crime as absolute rubbish .

Update: Application Rejected without Meaningful Reason

26th May 2012. See article from bbc.co.uk

Cornwall Council have now banned the Kiss Gentleman's Club in Newquay, at a special meeting of the Licensing Committee.

In a statement, Cornwall Council elected not to provide any meanigful reasons for the ban and spouted a bit of bullshit in a statement:

The committee voted to refuse the application on the ground that the grant of the licence would be inappropriate having regard to the character of the relevant locality and the use to which any premises in the vicinity are put.

However applicant Jane Hawkey who submitted the application will be sent a full list of the reasons for the rejection.

Tracy Earnshaw, who represents a Newquay nutters' group, said she was ecstatic with the decision.

Police have admitted that they do not have any evidence to support a claim that lap dancing clubs may contribute to sex offences.

Inspector Ian Drummond-Smith, from Devon and Cornwall Police, made his claim in a letter to Cornwall Council in March. He was objecting to an application to open a new lap dancing club in Newquay.

But, in response to a Freedom of Information (FoI) request for evidence, the force said there was no recorded information held .

The application for a lap dancing licence at the Kiss nightclub was refused permission in May after the inspector's objections were received by the council's licensing committee.

The FoI request asked what evidence he had for a claim in the letter that those leaving the premises having been subject to highly sexualised performances may be at greater risk of committing sexual offences .

Drummond-Smith spouted:

I cannot prove any link, nor did I claim to prove any link. I said at the beginning of the hearing that we could not prove it.

I will concede that the letter was a bit ambiguous, but I still believe it is an inappropriate place to have a sex club in an area which already has a higher-than-average number of sex offences.

Newquay Town Council's planning committee has rejected proposals for the top floor of the Beach Niteclub being turned into a hostess and lap-dancing club called The Attic.

Councillors voted against the application for a sexual entertainment venue licence on the grounds of locality . The club was described as being slap bang in the middle of the primary shopping area . Omitting to mention that this is also a nighttime entertainment area with more than a fair shar of bars and clubs.

However the final decision will be made by Cornwall Council early in the New Year.

St Austell and Newquay MP Stephen Gilbert has now submitted his own letter of objection to the council, spouting the bollox that it would have a devastating impact on the family tourist industry that is so vital to Newquay's economy .

He rather contradicted the council claim about being a family shopping area by saying that:

This area has been described by the police as a 'crime hotspot' and any additional licences have the potential to exacerbate this further.

In the past, this area was dominated by the night-time economy but with the recent addition of the Lighthouse Cinema and a £ 2 million investment from JD Wetherspoons, on the site of a former lap dancing club, the area is rapidly changing and is attracting more visitors from the family tourist market.

Newquay has in recent years tried hard to mend its reputation following many unsavoury incidents and a number of tragic deaths.

Applicant Jane Hawkey, who runs the Beach, told councillors that there should be no grounds to refuse her application based on location as the club is part of the Golden Triangle area of pubs, clubs and strip clubs.

Licensees are warned following the conviction of Tony Bowman for knowingly allowing hands-on lap dancing to take place in breach of miserable licensing conditions.

The case centred on the operation of the Divas Lap Dancing Club during 2011 up until the premises licence was revoked by Plymouth City Council Licensing Sub-Committee in January 2012.

The supposed offences centred around a condition on the premises licence which prohibited Any form of Physical contact between the customer and the dancer...

Acting Inspector Martin Worthington of Force Alcohol Licensing and Crime Reduction Team said:

This is not the first time an adult entertainment establishment has fallen foul of conditions prohibiting physical contact between dancers and customers. We work in partnership with Licensees to ensure that business operate so as to promote the licensing objectives. We make regular checks to ensure that all licence holders adhere to the conditions of the premises licence and where appropriate the police Local Authority and other responsible authorities are prepared to take further action to ensure these standards are maintained including utilsing the Criminal Justice System where appropriate.

Bowman was sentenced to an £ 800 fine, £ 620 costs and £ 15 victim surcharge including the forfeiture of his personal licence.