Should Tonbridge and Malling Borough Council have more powers in licensing of sexual entertainment venues?

Tonbridge & Malling Borough Council is inviting local people, organisations and businesses to comment on whether it should adopt new powers relating to the licensing of sexual entertainment venues, following recent changes to legislation.

At the moment, only sex shops and sex cinemas require a licence from the council.

However, the Policing and Crime Act 2009 introduced new powers for local authorities to regulate sexual entertainment venues, which would mean that they must apply for a licence to provide table dancing, lap dancing or similar activities. 

In order for the new legislation to take effect within Tonbridge and Malling, the Council must consult local people and decide to formally adopt the new regulations. 

What activities will be covered by the new provisions? 

A sexual entertainment venue is described as 'any premises at which relevant entertainment is provided before a live audience for financial gain of the organiser or the entertainer'. It is expected that this definition would apply to the following forms of entertainment - lap dancing, pole dancing, table dancing, strip shows, peep shows and live sex shows. 

How are such venues currently regulated? 

Venues that currently provide entertainment of this nature are able to do so under the authority of a premises licence granted under the Licensing Act 2003. However, any representations concerning the grant or variation of a premises licence can only be based upon one of four licensing objectives, which are: the prevention of crime and disorder, the prevention of public nuisance, the protection of public safety and the protection of children from harm. 

Licensing authorities cannot therefore consider representations on issues falling outside of the four licensing objectives such as whether a lap dancing club would be appropriate given the character and locality of the area in which it is proposed to be situated. 

What changes are proposed? 

The changes introduced by the Policing and Crime Act 2009 will allow the Licensing Authority to refuse an application for the grant or renewal of a licence for a sexual entertainment venue on a number of specified grounds, including: 

* That the number of sex establishments, or sex establishments of a particular kind, in the relevant locality at the time the application is determined is equal to or exceeds the number which the authority consider is appropriate for that locality. This number may be nil. 

* That the granting or renewal or a licence would be inappropriate because of: 

the character of the relevant locality; or 

the use to which any premises in the vicinity are put; or 

the layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made. 

However, objection on moral grounds cannot be considered. 

Licences granted for sexual entertainment venues will be renewable annually, rather than lasting for the life of the business as is the case under the Licensing Act 2003. The authority will also have a wider discretion when imposing conditions on a licence and may apply different conditions for different types of venues. For example, it will be possible to regulate opening times, the display of advertisements and the visibility of the interior of the premises to passers by. 

Premises providing other licensable activities in addition to sexual entertainment will still also require a premises licence under the Licensing Act 2003. In practical terms, this means that most sexual entertainment venues will require a licence under the 2003 Act as well as a sex establishment licence. 

Cllr Chris Brown, Chairman of Tonbridge & Malling Borough Council's Licensing and Appeals Committee, says: "This is an important piece of new legislation. We would like to adopt these new powers because they would enable us to take into account a much broader range of issues when considering sexual entertainment venue licensing applications and I hope that people will take the time to let us have their views." 

How to comment on the new legislation 

All comments should be submitted in writing by Friday, 14 October 2011 either by emailing licensing.services@tmbc.gov.uk or by post to: Licensing Services Team, Tonbridge & Malling Borough Council, Gibson Building, Gibson Drive, Kings Hill, West Malling, Kent ME19 4LZ. For more information, please visit the Council's website or call the Licensing team on 01732 876368. 

What do you think?