Lap Dancing in Cheshire

Chester's only strip club has been closed down by moralists on Chester's Council. Arbitrary reasons were quoted for the refusal to renew the licence for Platinum Lounge in the city centre.

Chester and Cheshire West Council's planning committee claimed it was no longer appropriate for Platinum Lounge to continue. The committee noted the venue was close to family friendly premises, such as  BARS??? and restaurants, as well as residential accommodation. They also noted that the presence of a strip club does nothing to enhance Chester's family friendly tourist offering , the Dewa Roman Experience. 

The council received 100 written objections and a petition opposing the renewal of the licence, and 24 letters and three petitions in support. Among the objectors, the Wesley Methodist Church claimed lap dancing clubs provide a venue for a morally objectionable trade, namely in a form of live pornography .

However, barrister Gary Grant, representing club operator Bridgerow Ltd, said an extraordinary and unprecedented campaign had been waged against the venue. He said the objections came from people who would like to return Chester to a world where the pursuit of human fun was shackled by a tutting society .

The ban  will take effect from 24 July.

Offsite Comment: Chester and the Rise of the Prickademics

20th July 2015. See  article from  strippingtheillusion.blogspot.co.uk

Now I do find it strange that a handful of people managed to shut down a club the way it happened in Chester but you do feel that everything was being judged on moral standards rather than if the business was a problem.

...read the full article

Update: Moralists and windbags

21st July 2015. See  article from  sevlicensing.wordpress.com

Chester Council has produced one of the most long winded explanations of how lap dancing is considered inappropriate or immoral in the nice area of town in which it has run for several years without causing any problems. Surely the overegged justification is an indication of insecurity.

The club now says it will try burlesque plus the limited number of lap dancing nights allowed without requiring a licence.

Update: A brave face

23rd July 2015. See  article from  chesterchronicle.co.uk

The current dancers at Platinum Lounge have this week been learning new moves ready for when the club reopens as a burlesque show bar this Friday (July 24),  although the club will still be holding lap dancing nights 11 times a year as allowed without a licence.

Just as before there will be one-to-one dances priced £10 each, but promoters say performances will be art, not adult entertainment, with dancers wearing basques and stockings and no apologies for the gratuitous use of feather boas. Any sexual connotations are in the mind of the customer, say organisers.

Lap dancing club the Platinum Lounge has had its sex entertainment licence renewed by Cheshire West and Chester Council (CWaC)

The Platinum Lounge had faced an uncertain future after Cheshire West and Chester Council revoked its sex establishment licence in September.

But CWaC renewed the licence for another six months with conditions.

'Shocked' opponents to the club, on Bridge Street Rows, said they would fight the council's U-turn decision, arguing that the licencing hearing had been unlawful . During the full-day licensing meeting, held almost two weeks ago, campaigners expressed their concerns that supporters of the club were allowed to speak.

The licensing committee's decision notice reads there was not a sufficiently clear or compelling case articulated to persuade them that, at the time, the club was incongruous or in conflict with its location on the Rows.

Chester's table-dancing club has won a High Court appeal against a council decision to close it down.

Platinum Lounge, had its licence revoked by Cheshire West and Chester Council's licensing committee last September for no real reason. The committee claimed that the nightclub, which has been open since 2005 without incident, was somehow too close to residential properties. The committee ruled that where Platinum Lounge was situated was no longer suitable due to an increase of 94 in the number of people living nearby.

The High Court judge ruled Cheshire West and Chester Council violated its own constitution when it refused to renew the licence of a lap-dancing club in the city's historic heart. Mr Justice Stuart-Smith overturned the committee's decision on the sole ground it was taken in breach of the council's constitution. He said it was clear the decision should have been taken by a three-member sub-committee, rather than the full committee of 15:

It is clear beyond argument that the constitution said and meant that Bridgerow's renewal application should have been decided by a panel of three members, drawn from the full committee on a politically proportionate basis. Equally clearly, that is not what happened.

Unfortunately the judge seemed to confirm that the council bollox that 94 new nearby residents was enough to close down an established business with a staff of 40. He commented that the reasons given by the committee:

while they could have been fuller and could have been more clearly expressed -- were perfectly comprehensible.

The club has had its licence reinstated until a new renewal application is considered.

Cheshire West Council banned table dancing at the already running Platinum Lounge. Council moralists had pinned the reason on the area becoming more 'residential' due to changing uses of properties in the area. It would be interesting to know exactly how many commercial premises had become residential. One suspects not many.

Now Cheshire West Council may be asked the same question in court as the club owners are challenging the ban in court

Judge Sycamore has decided to grant permission for a Judicial Review to proceed.

The premises will continue to trade as a Lap Dancing Club pending determination of the Judicial Review.

Legal Considerations

First of all it is noted that an existing licence is considered in law as a protected possession in human rights law:

It has been accepted that a licence is classed as a possession capable of protection under Article 1 of the First Protocol of the European Convention on Human Rights.

This clearly states that a person has a right to peaceful enjoyment of his possessions and the case of Tre Traktorer Aktiebolag v Sweden (1989) 13 EHRR classifies a licence as something capable of protection.

Not something that can councils can take away on a moralist or feminist whim.

Secondly there are European requirements imported into UK law that impose standard conditions on councils when considering licence applications:

The Provision of Services Regulations [S.I. 2009/2999]. Regulation 24(1) imposes three important tests highlighting that any refusal must be:

• Non discriminatory
• Necessary
• Proportionate

Surely the council will be asked exactly how necessary it was to close the club because a few commercial properties had become residential.

Table dancers have launched a bare-all campaign hitting back against a council moralist decision which they say undermines their right to choose to strip.

Three weeks  ago  the Platinum Lounge in Chester was stripped of its sex establishment licence after the council claimed the surrounding neighbourhood had become more residential.

But now dancers at the club, on Bridge Street Row, are stripping off in protest against the demeaning decision which many of the women say has left their livelihoods hanging in the balance.

The campaign features a naked woman holding placards reading my body, my choice. The leader of the dancers' campaign a dancer who goes by the stage name of Courtney , said during four years working as a stripper the Chester club had been the tamest, safest, strictest, cleanest and most discreet on the circuit, insisting the women hadn't been hurting anyone :

The women that I have spoken to have all expressed sheer desperation in not knowing what to do now that their source of income has been taken from them, said Courtney.

We were not flaunting it in public, in fact unless you knew what you were looking for (the club), you wouldn't have a hope in finding it as it was that discreet and looked like a bar/casino from the outside.

We were not hurting anybody and to whoever believes that we are degrading ourselves and exploiting selves, maybe we are but that is still our choice.

Courtney said many of the dancers would struggle to support their children, pay their rents or university tuition fees now the club could only put on 11 events a year.

Perhaps the campaigners should ascertain from the council the evidence they used to determine that the area had become more residential. Then when this turns out to be bollox, challenge the council via a Judicial Review.

Chester's only table dancing club is facing an uncertain future after failing to get its licence renewed.

The decision concerning the Platinum Lounge on Bridge Street Row was made at a Cheshire West and Chester Council licensing committee hearing. A spokesman explained a very spurious sounding reason:

We have rejected the application for a renewal of the licence on the grounds the area has become far more residential than it was when the licence was first issued.

Regulations consider such premises to be acceptable only within largely commercial areas.

But the area in question has seen a lot of commercial properties being turned into homes and consequently it is now more residential.

The council didn't bother mention exactly how many commercial properties have been turned into residences. Probably just a handful.

The Platinum Lounge has yet to comment on the decision. If the club decides to appeal, this will be via a judicial review.

One of the main voices of opposition to the renewal was Labour Cllr Samantha Dixon. . She moralised:

Furthermore, I believe it is inappropriate for a sex entertainment venue to be located on the city's historic Rows which are an important heritage asset for Chester.

As part of their application for renewal, the Platinum Lounge owners pointed out it has been operating since November 2005 and gives regular employment to about 40 people.

Recalling European Law

Perhaps a good time to recall a piece on European law designed to prevent councils from destroying businesses on a whim. From an article at woodswhur.co.uk:

First of all the article noted that an existing licence is considered in law as a protected possession in human rights law:

It has been accepted that a licence is classed as a possession capable of protection under Article 1 of the First Protocol of the European Convention on Human Rights.

This clearly states that a person has a right to peaceful enjoyment of his possessions and the case of Tre Traktorer Aktiebolag v Sweden (1989) 13 EHRR classifies a licence as something capable of protection.

Not something that can councils can take away on a moralist or feminist whim.

Secondly there are European requirements imported into UK law that impose standard conditions on councils when considering licence applications:

The Provision of Services Regulations [S.I. 2009/2999]. Regulation 24(1) imposes three important tests highlighting that any refusal must be:

• Non discriminatory
• Necessary
• Proportionate

Surely this would allow failed applicants to ask a court 'exactly how necessary was it for a council to refuse a license for a venue because a few commercial properties have been converted into homes?

Update: Travelling Show

20th September 2013. See  article from  chesterchronicle.co.uk

Chester's only  table dancing club has hit back at a decision to remove its licence for adult entertainment by taking the girls on tour.

Director of operations Nigel Woodhouse pointed out the law allows every licensed premises to hold lap dancing events 11 times a year, without conditions, meaning his erotic dancers can still perform at the existing club and other city venues.

The first event will take place on September 28 at The Platinum Lounge which will convert to a late bar from November.

Woodhouse said: We are planning on taking the Platinum Lounge on tour around as many venues as we can in the city. If any bar, club or function room operators want to hold an event please let us know.