New license required for lap dancing
On 12 November 2009 the proposals to reclassify Lap Dancing Clubs became law. As yet, the legislation has not gone live, as it needs what is called a "Commencement Order" to make it active.
Current predictions indicate that the Commencement Order will be passed around April 2010 and once this happens, each Local Authority may then decide whether to adopt the provisions and require operators to obtain a separate licence.
On first sight, there were a couple of amendments incorporated within the Act, which operators need to be aware of:
I think the likelihood of the second amendment is that every council will adopt the provisions, as it will be cheaper to adopt the provisions than to enter into public consultation. I suggest that you contact your local licensing officer now to start a dialogue with them over the disadvantages of adopting the provisions.
Licensees will need to respond to the current Government Consultation surrounding the transitional arrangements by 14 December 2009. These are the arrangements that you will have to follow to apply for the separate licence. Here's a number of things to think about when considering your response:
Current predictions indicate that the Commencement Order will be passed around April 2010 and once this happens, each Local Authority may then decide whether to adopt the provisions and require operators to obtain a separate licence.
On first sight, there were a couple of amendments incorporated within the Act, which operators need to be aware of:
- Premises will not now be described as "Sexual Encounter Venues". They will be known as "Sexual Entertainment Venues".
- If a council does not adopt the provisions, then after 12 months, they must undertake public consultation to seek the views of people living and working in their area as to whether they should or should not adopt the provisions.
I think the likelihood of the second amendment is that every council will adopt the provisions, as it will be cheaper to adopt the provisions than to enter into public consultation. I suggest that you contact your local licensing officer now to start a dialogue with them over the disadvantages of adopting the provisions.
Licensees will need to respond to the current Government Consultation surrounding the transitional arrangements by 14 December 2009. These are the arrangements that you will have to follow to apply for the separate licence. Here's a number of things to think about when considering your response:
- Do you think 12 months to obtain your licence is sufficient time?
- Do you think it is fair that new operators can apply for a licence, together with existing operators, in the first 6 months? Remember, if the council have set a quota then you could be competing for a limited number of licences with an operator who does not have an established business.
- Do you think existing operators should get preferential treatment over new operators in the first 6 months? If yes, for how long?
- For new operators, it seems unclear whether they still need to get their Premise Licence or Club Premise Certificate varied. What happens if there is an application for a new licence or variation of an existing licence pending? What happens if an Appeal is pending? Once the provisions are adopted by the council, does it mean that these applications just die so that it becomes pointless to proceed? In my opinion, a new operator would be sensible to obtain permission now so as to have the same rights as an existing operator.
- Do you agree with the classification of existing operator and new operator? Do you think an existing operator should be somebody already providing lap dancing entertainment? Or, would it be sufficient if the current licence permits this entertainment?
- Is it fair to require a new operator to wait for their Sexual Entertainment Licence to be granted before they can trade? Applications are made in the first 6 months but the new operator cannot trade until the licence is actually granted, which will be at the end of the 6 month transitional period.
- Is it fair that 'new operators' will be bound by the new licence and its conditions before the end of the transitional period, and of course, before existing operators are bound?
| < Prev | Next > |
|---|