This item was published during the term of a previous administration that ended in April 2007
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Adult Entertainment Working Group report
25/04/2006
The independent Adult Entertainment Working Group today published a series of proposals to ensure the safety of performers and customers in the industry and to limit the negative impact on communities
The Group was set up by Ministers in March 2005 to review the scope and impact of adult entertainment activity and make recommendations on the way forward following concerns about the lack of controls on adult entertainment activity.
Linda Costelloe Baker, Chairman of the Working Group, said:
"The Group has been an evidence-based working group, so we approached the task with open minds. We looked at a wide range of activities which are labelled as adult entertainment, typically table, lap and pole dancing.
"We commissioned research using a number of methods so that we could make an evidence-based examination of the economic, social and personal impact of the adult entertainment industry. We took into account concerns raised by operators, performers, customers and members of the public, all of whom wanted better regulation to prevent sexual and commercial exploitation.
"Adult entertainment is a complex issue and can be controversial, but I believe our common-sense recommendations will have wide support because they fill gaps in the current licensing regime, ensure consistency, and address the concerns raised in our programme of research.
"We note in particular that our recommendations, if accepted, will help protect the safety and welfare of performers; allow measures to be taken to lessen the adverse impact of adult entertainment on local communities, yet permit responsible operators and performers to continue in business."
Minister for Finance and Public Service Reform Tom McCabe said:
"We set up this independent Working Group in February 2005 to look at the issue of protection for people working in, and affected by, the adult entertainment industry. This is a controversial and complex issue and I welcome the thorough report the Working Group has produced.
"We will consider their recommendations carefully and respond in due course."
On 24 March 2005, Scottish Ministers set up a Working Group on Adult Entertainment to review the scope and impact of adult entertainment activity and make recommendations to Ministers on the way forward. This followed concerns expressed about the lack of controls on adult entertainment activity.
The membership of the Group was: Linda Costelloe Baker (Chairman); Councillor James Coleman (Glasgow City Council); Dr Sharon Cowan (University of Edinburgh); Superintendent John Farrell (Strathclyde Police); Rab Fleming (Scottish Executive); Councillor Raymond Hutcheon (Licensing Committee, Aberdeen); Dr Catherine Kennedy (Napier University); Patricia McIlquham (Dundee City Council); Jan Macleod (Women's Support Project); Councillor Lorna Shiels (Edinburgh City Council); Councillor Jill Shimi (Dundee City Council); and Eddie Tobin (Bar Entertainment and Dance Association).
The Working Group was part of a two-stage approach to considering controls on these activities. The first stage is included in the Licensing (Scotland) Bill, which was introduced on 28 February 2005, and contains powers which will be used to prescribe measures for regulating adult entertainment on premises licensed to sell alcohol. For the second stage, the Working Group was set up to investigate all forms of adult entertainment, irrespective of where the activity takes place.
The terms of reference for the Working Group are:
- to identify all relevant activities (whilst recognising the need not to suppress artistic freedom);
- to consult with all relevant interest groups (including women's groups; and employees and employers in the adult entertainment industry);
- to commission research into the activities and associated impacts (using anonymous sources where appropriate);
- to identify and assess relevant types of controls, including the implementation and impact of any controls;
- to recognise the need to balance local and national interests;
- to take account of concurrent work on prostitution and regulations for lap dancing in licensed premises; and
- to report to Ministers in April 2006, with recommendations.
Its recommendations are:
- There should be national regulations applied to all adult entertainment activity, regardless of where it takes place;
- All activities should be, at all times, visible to people visiting the premises;
- Performers should not touch, or be touched by, customers;
- There should be adequate health and safety protection for performers;
- There should be adequate security to ensure compliance with regulations and prevent illegal activity;
- There should be a minimum age of 18 for performers, public and employed staff with an obligation on the operator to ensure compliance;
- The local authority should determine if full nudity is appropriate for a specific venue, taking into consideration proximity and the degree of security and oversight;
- The local authority must have a policy on appropriate levels of provision for adult entertainment;
- The local authority should determine the degree of external visibility allowed for establishments; taking into account the location of specific premises;
- There should be a National Exemption so that the regulations do not apply to artistic representational performance; and
- The Scottish Executive should develop a co-ordinated strategic approach to the issue of gender-based exploitation.