Policy consultations

Details of current and future licensing-related policy consultations will be made available here as they arise.

Adoption of Section 27 of the Policing and Crime Act 2009 - Licensing of Sexual Entertainment Venues

On April 6 2010, the Policing and Crime Act 2009 came into force and amended Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, which has historically controlled sex shops and sex cinemas.

South Derbyshire District Council is considering whether to adopt section 27 of the above Act relating to how it regulates sexual entertainment venues (e.g. lap-dancing and pole dancing clubs).

A sexual entertainment venue is defined as a premises at which entertainment of the following kind is provided, before a live audience, for the financial gain of the organiser or the entertainer: –

a) any live performance; or
b) any live display of nudity;

which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any person in the audience (whether by verbal or other means).

Currently, venues that provide sexual entertainment do so by having a premises licence granted under the Licensing Act 2003. This means that the council must grant a licence to applicants if they comply with the licensing objectives detailed under the 2003 Act.

This means that, under the 2003 Act, the Council cannot refuse an application for a licence if the objection to it is based solely on the number of such premises already in operation, or because it may be considered to be an inappropriate location (close to a school for example).

The Policing and Crime Act 2009 will enable the Council to consider applications for sexual entertainment venues in accordance with the 1982 Act and to impose conditions on any licence to ensure the safe and responsible management of the premises in question.  The adoption of the 2009 Act will enable the local community to have a wider say over the regulation of lap dancing clubs and similar venues in South Derbyshire District Council. 

As part of this process, the Council are consulting with local people and businesses on the adoption of 27 of the Policing and Crime Act 2009. 

In addition to the adoption of the Policing and Crime Act 2009, Council will also introduce a Sex Establishments and Sexual Entertainment Venue Policy which will detail how applications will be dealt with and the conditions that will be attached to any sex establishment.  A copy of the Policy is attached below.

If you would like to make any comments on the adoption or the proposed Policy, please email licensing@south-derbys.gov.uk or write to the Licensing Department at the address below before May 4, 2018.

Any comments received will be duly considered by Members at the Environmental and Development Services Committee due to be held on May 31, 2018.