Time to clean up the act

The government plans to give local communities greater input into the location of lap dancing clubs. Lisa Gilligan outlines what this will mean in practice.

From April a change in the law will be introduced by the Policing and Crime Act 2009 to give local communities a stronger say over the establishment and location of lap dancing clubs in their area and local authorities more power to reject applications for lap dancing clubs or impose conditions on the licences. It will bring the licensing of lap dancing clubs in line with other sex establishments such as sex shops and sex cinemas. This change in legislation is aimed at recognising that local people do have legitimate concerns about where lap dancing clubs are located.

The Current Situation

Lap dancing premises are currently regulated under the Licensing Act 2003 (“the 2003 Act”) and require a premises licence under Section 1 of the 2003 Act. There are no special provisions made within the 2003 Act for lap dancing clubs and so applications are submitted in the same way as a pub or restaurant. If an application is submitted to the licensing authority for a premises licence, the only mandatory conditions which apply relate to the sale of alcohol.

This was the situation with an application dealt with by an Officer via delegated powers at Solihull Council last year, as no representations were received to engage the licensing committee's discretion. It is only if relevant representations are made by an interested party that the authority can, following a hearing impose other conditions or reject the application. Even then it will only be able to do so where such a step is necessary to promote one of the four licensing objectives as set out in the 2003 Act – (prevention crime and disorder, public safety, prevention of public nuisance and the protection of children from harm).

The powers available to local authorities to control the establishment of lap dancing premises or impose conditions on their licences are therefore very limited. Following a DCMS consultation with local authorities, the majority of those that responded felt that their current powers to regulate lap dancing clubs were inadequate and wanted the government to intervene.

It has also been documented in the media that under the current law there has been an increase in the number of lap dancing venues and many communities feel powerless to object to the opening of a new club in their area.

From April 2010...

Lap dancing venues will now be regulated under the Local Government (Miscellaneous Provisions) Act 1982 (the “1982 Act”). It is up to each local authority to decide whether the provisions of the 1982 Act should apply to their area, so it is possible that the new legislation will not necessarily apply all over England and Wales. However, those local authorities that resolve to adopt Schedule 3, as amended, will be able to impose a wider variety of conditions on lap dancing clubs, e.g. relating to opening hours, adverts and the visibility of interior to passers by.

Local authorities will also be able to refuse to grant or renew a licence on the grounds that such a club would be inappropriate having regard to the character of the area, the use of other premises in the area (e.g. local schools) and they may also have regard for the number of similar premises in the area, if the application is equal to or exceeds the number the authority considers appropriate. It will be possible to dictate that “nil” would be an appropriate number for lap dancing premises within an area.

Similarly, local residents will be able to make written representations to the local authorities on these grounds, rather than being limited to make representations based on the four licensing objectives found in the Licensing Act 2003.

Under the new legislation, lap dancing clubs will be classified as “sexual entertainment venues”. “Relevant entertainment” is defined as any live performance or any live display of nudity provided solely or principally for the purpose of sexually stimulating any member of the audience.

Interestingly with the new legislation, there will be no “grandfather rights” for existing lap dancing clubs. If they wish to continue trading they will need to apply for a licence under the new regime. A transitional period of 12 months will be given to existing lap dancing clubs to apply for a new licence. However premises which fail to apply for a new licence within this period will face closure.

So moving forward, existing clubs or those wishing to operate new lap dancing premises will need to make an application for a new licence to the local authority and be required to give public notice of the application in a local newspaper and at the premises. Any persons wishing to object to their licensing must give written notice within a statutory 28-day consultation period stating the general grounds of their objection. Any contested application will be considered before the authority’s appropriate committee or sub-committee.

Comment

The government has certainly recognised concerns over lap dancing clubs which continue to raise both moral and ethical issues. This change in legislation will now empower local people and give them greater say to the make up and character of their community where they have reasonable and legitimate concerns about the location or establishment of a lap dancing club. It also gives Local Authorities more scope to reject applications for lap dancing clubs or impose conditions on their licences if they deem that such measures are necessary to address those concerns.

Lisa Gilligan is a licensing specialist at Freeth Cartwright.

She can be contacted on 0845 272 5723 or  This email address is being protected from spambots. You need JavaScript enabled to view it.