Supplementary memorandum submitted by
the Lap Dancing Association(LDA)
I am writing to you in your capacity as Chair
of the Culture, Media and Sport Select Committee. Following the
Lap Dancing Association's (LDA) recent oral evidence session to
the Committee's inquiry into the 2003 Licensing Act, I would like
to restate our views on the suitability of the Act to regulate
lap-dancing clubs. As you will be aware from your own discussions
with Phillip Davies, I would also like to extend to you, along
with your other colleagues on the Committee, an open invitation
to visit an LDA member club in the New Year.
Much of the current debate surrounding our industry
has concentrated on the suitability of the 2003 Licensing Act
to deal with concerns about lap dancing clubs. It is our belief
that the Act remains the best means of doing so. Local communities
should have the freedom to determine whether it is appropriate
for a club to open their area and that the police should have
the power to object to clubs. Furthermore, we are keen to see
the universal application of the highest standards in clubs across
the board. We firmly believe that the best way of ensuring that
these objectives are met is through the 2003 Act.
To that end, we are proposing a series of simple
amendments to the Act and the planning regime. These changes can
be made quickly and easily through secondary legislation. This
would not only quickly address and resolve residual concerns about
our industry, but also improve standards of management, better
protect dancers and increase the effectiveness of regulation of
our sector. LDA proposes that:
1. There should be a separate category of
regulated entertainment for clubs in the Act. This would mean
that applications are clearly identified and would reinforce measures
to prevent existing licensed premises offering adult entertainment
without proper scrutiny.
2. There should be an amendment to Licensing
Guidance. This would allow a standard "no nudity"
clause to be applied to licences that do not specify at point
of licence application that they will offer adult entertainment.
3. There should be an amendment to the current
planning regime's "Use Classes Order". This would
separate adult entertainment premises from restaurants, bars or
nightclubs under a sui generis arrangement, ensuring outlets wanting
to provide adult entertainment for the first time would have to
seek planning permission.
4. The Government should publish new guidance
for community objections. The Government should take steps
to ensure that local communities are aware of their right to object
to clubs, as well as providing support, advice and assistance
on how to properly and effectively frame objections.
5. A statutory code of practice should be
introduced. The new Policing and Crime Bill could introduce
a code of practice, similar to that planned for all alcohol retailers,
in order to ensure adequate regulation of standards. We suggest
that the LDA's own code be used as a blueprint for this.
We agree that there are certain circumstances
in which granting a licence to provide adult entertainment would
be inappropriate and support residents' right to speak out if
they feel that this is the case. However, the most effective vehicle
for securing those rights is the 2003 Licensing Act and, if adopted,
our suggested amendments will ensure all communities are empowered.
I hope that you have found the LDA's contribution
to the Committee's inquiry both informative and helpful. We feel
that that contribution can be furthered still by a site visit
by the Committee to help you gain a full and clear understanding
of how our members can serve as a model for well run and well
regulated lap dancing establishments across the country.
December 2008
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