From 6 April 2010 local authorities in England and Wales were able to adopt provisions which would enable them to regulate entertainment involving nudity, such as table dancing and lap dancing, and require operators to obtain a 'Sexual Entertainment Venue Licence'.
Where a local authority has decided to adopt then it will fix 3 dates; First, Second and Third Appointed Day.
Existing operators must ensure that their application is submitted within 6 months of the First Appointed Day. (In Cardiff, this was yesterday - 1 September.)
All applications lodged within that first 6 months will be considered together at the end of the 6 month period. They will be considered against the council's policy for such venues which could include limiting the number of venues.
Applications received after the first 6 month period will be considered as and when they are received. If a particular council have allocated a quota, then these could all be taken by applicants in the first 6 months, which means later applications will be refused.
Many councils have concluded their consultation and have already decided to adopt the provisions. If you are an operator, it is important that you are fully engaged with the local authority and understand whether they are going to adopt them and when. It is vital that you understand the criteria under which a licence will be considered and that you have the necessary evidence to support your application. Even if you have been operating for years there is no guarantee that you will be granted a licence.
This first licence application will be the most important application which you lodge. If your application is refused then your rights of appeal are extremely limited.
Generally, there is a right of appeal to the Magistrates' Court. However, if your application is refused due to the fact that, (a) your application exceeds the set quota fixed by the council; (b) due to the local area; (c) based upon the use of other premises in the vicinity (for example, your premises are close to residents; a nearby school or church); (d) due to the layout, character or condition of your premises, then your only right of appeal is to the High Court and this is where it gets seriously costly.
A number of the council policies which I have read are focusing upon location in terms of the likely impact of residents and other users of premises in the vicinity. A number talk about the cumulative impact of sexual entertainment venues and some set standard hours of operation. Many set out standard conditions upon which a licence will be granted. In your application, if there is a standard condition that you do not feel is appropriate, then you need to make specific reference to it being excluded and produce evidence to justify this.
Operators would be wise to start their preparation now. Do not just think you can fill out a form and sit back to wait for your licence to be granted. Think about the evidence that you should call to support your application and lodge the evidence with your application. If you are an existing operator but are close to residents or to a nearby school or church then you will probably find that your application is contrary to the council policy to grant you a licence. You will have to display a notice advertising your application and if objections are received, you will have to justify why your licence should be granted and why you should continue to operate. Think about the evidence you need and be proactive, not reactive!
For more information please contact Lisa Sharkey.
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