Supplementary memorandum from the Lap Dancing Association

 

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.

December 2008