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A REPORT BY THE TASK GROUP SET UP TO REVIEW THE LICENSING PROVISIONS CONTAINED IN THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982
15. TABLE AND LAP DANCING ESTABLISHMENTS
15.1 The Task Group received a number of representations in response to its consultation paper suggesting that lap dancing clubs should be licensed under the 1982 Act. The matter was also raised by MSPs in Parliament and Ministers subsequently requested that the Task Group consider as part of its remit the appropriateness of regulating lap dancing clubs within the 1982 Act. In doing so, it is worth stressing that we did not consider that it was within our remit to comment on or address the moral and ethical issues surrounding this type of activity. Rather, we regarded our role as being to examine whether there was a requirement for better regulation of the activity and, if so, to recommend how best this could be achieved.
15.2 At present most lap dancing clubs operate by virtue of a liquor entertainment licence issued under the provisions of the Licensing (Scotland) Act 1976. However the Task Group acknowledged that the 1976 Act only relates to the sale and consumption of alcohol and the conditions of that licence cannot relate to any aspect of the entertainment provided by lap dancing clubs. We also noted that section 41(2)(f) of the 1982 Act currently exempts any premises which holds a liquor licence under the 1976 Act from any requirement to obtain a public entertainment licence under the 1982 Act as long as the entertainment is provided within the permitted hours provided in the liquor licence.
15.3 Those who submitted representations to the Task Group about lap dancing clubs put forward a number of reasons for licensing lap dancing clubs under the 1982 Act. Such clubs can prove unpopular with local residents and it is argued that local authorities should have some control over where they are located and the activities within. Licensing under the 1982 Act would enable the introduction of controls via the conditions attached to such licences which would protect both dancers and customers from potential danger or exploitation. For example, these could relate to requirements for security staff on the door, CCTV usage and a no-contact rule between dancers and customers. A breach of a condition of licence is a criminal offence and could also lead to a licence being suspended or withdrawn.
15.4 We concluded that in view of the above arguments there was a case for greater regulation of lap dancing clubs and considered how this could best be achieved within the 1982 Act. One possibility would be to introduce lap dancing as an optional new licensing activity, although the Task Group recognised that difficulties may be encountered in defining 'lap dancing' to ensure that all such clubs would be caught by any licensing provisions. Another would be to extend the definition of "sex shop" at Schedule 2 of the 1982 Act to incorporate lap dancing clubs, although we considered definitions would be even more problematic here given the need to cover both those selling goods and providing entertainment. As a form of entertainment, we believe there is a strong argument for allowing licensing authorities to license lap dancing and similar type clubs within the existing public entertainment licensing provisions at section 41 of the 1982 Act. As noted above, liquor licensed premises, such as lap dancing clubs, are currently exempt from such a licensing requirement. While we considered that removing this exemption would have certain regulatory attractions, in that lap dancing clubs would be required to obtain a separate public entertainment licence with the necessary conditions attached, we also had some reservations about this approach. In particular, the possibility of potentially placing a dual licensing burden on all liquor licensed premises wishing to provide entertainment may discourage premises from doing so and this could also have an adverse impact on those providing the entertainment. ( See also paragraph 8.3)
15.5 In the course of its consideration the Task Group noted that, in the Scottish Executive's White Paper on Liquor Licensing " The Licensing Scotland Bill: A Consultation on Liquor Licensing" issued on 17 th May 2004 in response to the recommendations contained in the Nicholson Committee Report, the Executive has subsequently indicated that it is minded to allow licensing boards to attach appropriate standard licensing conditions to premises used for the provision of adult entertainment, including lap dancing. In view of the difficulties in amending the 1982 Act outlined above, and the fact that all lap dancing clubs have a liquor licence, the Task Group agree that the most appropriate manner of addressing the concerns associated with lap dancing clubs would be through the proposed revised liquor licensing provisions.
Recommendation
The Task Group agree that action is required to improve the regulation of lap dancing clubs, but recommend that this would be more appropriately addressed through the proposed Liquor Licensing Bill as opposed to via the 1982 Act.
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