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
See also Explanatory Notes
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.