News: Sexual Entertainment Venues Update

  • Date: 12/02/2010
  • Source: Poppleston Allen
  • Author/Solicitor: Lisa Sharkey

The Government has today issued the results of the consultation exercise which they carried out in relation to reclassifying lap dancing clubs as "sexual entertainment venues".

The Government received 154 responses and I set out below the Government response to the consultation.

The changes are due to happen from 6 April 2010. If Local Authorities adopt the relevant provisions then lap dancing clubs will need to obtain a Sexual Establishment Licence. As I have already reported, this licence will be in addition to their existing Premise Licence.

Local authorities can decide upon the conditions that will be attached to venues and can also restrict the number of venues within a particular area.

If a local authority adopts a quota, it may be that not all the applications that have been received within the first 6 months will actually be granted. It is therefore vital that existing lap dancing operators lodge their application within the first 6 month period.

Government Response to Consultation

1. Grandfather rights for existing operators - no protection rights will be given. Existing operators will have to apply for, and will be treated the same as, new operators. The Government intends to issue guidance to local authorities upon how they should exercise their powers to avoid any breach of Human Rights. This will be interesting to read. . .

2. Transitional Period - will remain 12 months as set out in my eNews of 30 November 2009.

3. Existing Operators - the Government intends to redefine this. Concern was expressed that as currently defined, people who do not provide the entertainment, but whose licence does not prohibit it, would be treated exactly the same as operators of lap dancing clubs.

4. Existing Conditions - any condition on an existing Premise Licence which relates exclusively to lap dancing will, as from the 3rd appointed day (this is the date the licence comes into force at the end of the 12 month transitional process) be deemed to have been deleted from the Premise Licence. Basically, the condition will still appear upon the licence but will have no force. The Government suggests that operators may want to apply for a "minor variation" application to remove these redundant conditions to avoid confusion. From the 3rd appointed day the sexual entertainment will be regulated by the conditions upon the new Sexual Entertainment Licence. The conditions upon the Premises Licence will continue to regulate the other licensable activities - re alcohol; late night refreshment, (etc).

To see a full copy of the Government response to the consultation, click on the link below:

http://www.homeoffice.gov.uk/documents/cons-2009-sev/index.html

For more information please contact Lisa Sharkey