Entertainment & alcohol licensing

News: Sex Encounter Establishments Bill – “Disgusted of Tonbridge Wells”

  • Date: 26/06/2008
  • Source: Poppleston Allen
  • Author/Solicitor: Susanna Poppleston

I cannot resist a comment in respect of the proposal to introduce this Amending Bill, supposedly to close a loophole in the Licensing Act.

This is an issue raised by some MPs, and perhaps is a knee jerk response to the residential outcry when they find that any objections they raise to a new premises licence for a table dancing venue is ruled as not appropriate unless they can produce evidence to show that the premises would offend against the licensing objectives, those being the bedrock of the Licensing Act.

Whether you approve or disapprove of table dancing venues, it is generally the case that, subject to one or two conditions which may be appropriate to the operation, the Police do not object.

From my experience of such applications it is because, from their considerable experience, the Police are aware that there is very little trouble arising from them, and despite many of them having very late licences for alcohol and regulated entertainment, the Police do not have incidents either inside or outside the venue which requires their attendance.

I am not saying that all table dancing venues are operated strictly in accordance with the Law, and a number of clubs may offer "extras" to their customers, but if they are breaching conditions, or more particularly if they are breaching the Criminal Law, the Police have their remedies. They can prosecute, and or they can bring a review of the premises licence before the Council - a quick and easy procedure brought in by the 2003 Act.

In vicinities which may be sensitive to such premises, i.e close to schools and dense residential areas, which I have to say operators generally prefer to avoid, specific conditions relating to ages, outside advertisements etc are put on the licence, and again, breach of these enables action to be taken by way of review.

The Government should make it clear this is not a loophole.

These issues were discussed in some detail at public meetings during the long birth of the Licensing Act. The DCMS made it clear that morality and religious views were not factors which should be taken into account. It was specifically stated that a licence was required for "dancing, but not for removal of clothing". Potential breach of objectives is the test

There are all sorts of heartfelt views expressed in respect of these premises, not least of which is the view that women are being exploited. There may be evidence of that in some cases, and I'm not sure how this amendment will help these, but I have to say that on discussion of this with a number of the girls who work in some such clubs, they have the view that it is the men being exploited rather than the women!

There are all sorts of things in the Licensing Act 2003 which need to be amended and clarified, but in my view this issue is not one of them. Ministers will hopefully ask for evidence that the Act cannot control these clubs, rather than views, before deciding whether to back this Bill.

For more information please contact Susanna Poppleston .