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Anyone out there who really knows their way around the Licensing Act 2003 (sorry, what a deeply uninspiring thread title...)?

10 replies

orangina · 03/10/2008 19:57

One of our local pub/clubs has recently put in a licensing application to the council to become a lap dancing club. The building is in a predominantly residential area, next to the library and within 200m of 2 nurseries, 2 primary schools and an all girls secondary school. Not surprisingly, locals up in arms and objecting furiously to council.
A bit of research reveals that Licensing Act 2003 has a bit of a loophole that allows lap dancing clubs to be more or less considered in the same terms as a wine bar or coffee shop in license terms, as they are not considered to be "Sex Encounter Establishments". Local Authorites are relatively powerless to turn down such licenses apparently and another one went through despite objections at the other end of the borough last year.

So, in orchestrating our campaign, I'm desperate to know on what terms the council MIGHT be able to turn down such an application. I've scoured the act, as well as the borough's statement of licensing, and quoted great chunks of it at them, but I have not got a good feeling about it all....

Any council/licensing committee types out there?

OP posts:
UnfortunatelyMe · 03/10/2008 20:23

someone wanted to open one in our town and it hasnt happened, not sure how you would go about finding out WHY it hasn't but theres a newspaper article to get you started.
Actually thats in 2002, this wasnt as long ago as that... hold on.. will go look again.

UnfortunatelyMe · 03/10/2008 20:26

"Councillors last night threw out the bid by refusing to grant a change of use for the building from retail to entertainment" ah...your place is already entertainment. Eek. No idea then..sorry.

orangina · 03/10/2008 20:37

Unfortunately the use is already in place in planning terms, so we can't use that... but thanks for the response anyway...

Anyone else? Purleese?

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orangina · 03/10/2008 21:32
OP posts:
fryalot · 03/10/2008 21:39

I am not an expert by any means, but I have a couple of suggestions:

firstly, if you feel up to it, could you go to the establishment in question (during the day of course ) and ask exactly what this change in their license will mean in practical terms. It may be that they want to be able to have stag nights once in a blue moon and they need this bit of the license in order to have the stripper (something which is probably quite acceptable to most people I imagine) - one of the pubs near us applied for a license to serve beer until 3.00 in the morning and it turned out that they just wanted to be able to serve till that time on new years eve but they had to apply for it for every night when the rules changed. They normally close at about 10.30 nowadays and tis not a problem. So it is possible that this application is something like that.

If that's not an option, you could ring the licensing section of the local council and ask them what it entails.

Assuming that you still decide to go ahead and object to it, you don't necessarily need any particular reason to object, other than that you don't want a lapdancing club on your doorstep. Now, if just one person objected, the council are likely to think "ah well, sod em" but if hundreds object then they will take notice, so the next thing you should do is drum up support, contact the local paper, stick signs up in all the shop windows, talk to people...

Good luck with this, it sounds horrendous!

annh · 03/10/2008 23:00

I saw an ad on TV tonight for a Dispatches programme on C4 on Monday (I think) on this very topic.

AttilaTheMeerkat · 04/10/2008 10:05

Hi,

In these situations the council and police are often powerless to stop such applications succeeding although they are also often opposed to such premises.

Under the new legislation, a premises' licence can be rejected only on the grounds of preventing crime or safeguarding public safety. In other words, strip clubs would be treated no differently from restaurants, karaoke bars and pubs.

The Mail has an article about this very subject in their newspaper today.

orangina · 05/10/2008 19:52

Hi everyone, thanks for this, sorry I was away for the weekend, and am just now back at my computer....

Sqonk, we know exactly whet they are applying for... stripping and lap dancing 7 nights a week starting at 6pm, going on until 2am on thursday, friday and saturday, and up to either midnight or 1am on other nights. I have seen a copy of the license application, its all there in black and white.

Thanks annh for the Dispatches info, I'll look it up and forward all the local protesters an email about it, very helpful (even if it is depressing in its content, best to know what we are up against).

Attila, you are spot on. The council are I fear powerless under current national legislation. I am currently trying to get the policwe on board, as I'm assuming they will not be welcoming the increase in anti social behaviour etc that is likely to arise as a result of this place opening. Will also have to look in the Mail....

If anyone has any more tips as to how best to fight the license application (beyond what we have done, which is try to get as many written objections in as possible, local press on board, local MP on board, etc), I'd be MOST grateful....

thanks....

OP posts:
orangina · 05/10/2008 21:44

last bump for this evening.....

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UnfortunatelyMurderedMe · 07/10/2008 22:00

bump for orangina

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