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Listen
Summary and Recommendations
Scope
What was it, exactly, that we were looking at? Defining the scope of the project was vital so that we could focus our time and resources properly. Adult entertainment is a euphemism and could include any entertainment that is suitable only for adults, such as entertainment with violent content. The term has, however, become common for activity that has a sexual component but does not include sexual intercourse or masturbation. We thought that it was important to distinguish live adult entertainment from prostitution, noting that the Scottish Executive had a separate Working Group on outdoor prostitution; stage two will be on indoor prostitution, including saunas and massage parlours. We also noted that some of the concerns raised were covered by existing regulations and legislation, so we eventually decided to exclude printed material and sex shops.
The Working Group investigated the scope and impact of adult entertainment activity across Scotland and commissioned research to identify and assess any impact on people who work in the industry, and on local communities, with a view to identifying any controls required to regulate the industry in the light of evidence based concerns. As part of the Working Group's research we invited views on adult entertainment wherever it takes place in Scotland.
The industry: contribution to the economy
Annual turnover in the UK Adult Entertainment industry is estimated to be in excess of £300 million and is one of the fastest growing elements in the UK's "leisure services" industry. Our research showed an estimated 110 individuals working in some form in Edinburgh, 70 in Glasgow, and 70 in Aberdeen and Dundee combined. This translates to full time equivalent employment of around 75 jobs in Edinburgh, 36 in Glasgow and 48 in Aberdeen and Dundee. In addition to these figures there is direct employment of bar, security and cleaning staff.
The industry is a relatively important part of group tourism for some activities such as stag/hen weekends and brings money into the city economies, particularly to Edinburgh. It is also seen by economic development professionals in Aberdeen and Edinburgh as an 'essential' service to be provided by international cities and seen as a potential factor in attracting business investment. The impacts in Dundee and Glasgow are more limited due to the small scale of AE relative to the city economies.
The industry: scale and nature in Scotland
There is a lack of clarity about the number of premises in Scotland which provide AE. The survey of Local Authorities revealed 19 possible venues but the Group is aware that agencies can provide one off AE events almost anywhere. The research into the economic impact found that in Aberdeen there are five licensed AE premises, of which three are currently operational. The establishments were reasonably discreet in terms of their signage, although one was above a sex shop with prominent advertising. There is one active establishment in Dundee, near the city centre, but just outside the main retail area, in a nightlife zone. The seven AE establishments in Edinburgh are located in a relatively small area that runs along Lothian Road, through Tollcross and along Bread Street. In general, Edinburgh establishments had more explicit and larger sign-posting than establishments in the other cities. In Glasgow, the four AE establishments are scattered over a fairly wide area of the city centre, with only two being in fairly close proximity.
The industry: working conditions
Adult Entertainment performers are generally self-employed and do not benefit from the protections afforded to employees. Performers complain of financial exploitation by operators. Performers have also raised concerns about a lack of dedicated changing facilities, a lack of refreshments away from the public area, and poor environmental conditions. The fact that performers are self-employed, paying the club a fee to dance and relying on tips and private dances for income, can mean that they sometimes struggle to make a profit. Performers reported exploiting customers' naivety in relation to charging patterns in order to make money. The arrangements for payment may be creating the financial conditions that may lead some performers to offer sexual services.
Gender based exploitation
Women have danced for men for all times and in all cultures. Indeed, such dancing is often of high status with envied skills. Current day concerns about pole dancing, table dancing and lap dancing have arisen because the boundaries between dance and sexual activity have become increasingly blurred. Society's views on gender based exploitation are also changing. The Group noted a view that Adult Entertainment activities represent a commodification of sexuality and intimacy, and sexualise male dominance and the denigration of women. The fact that there is a demand for sexually exploitative activities does not make these activities legitimate: for example there is also a demand for child pornography.
The AEWG believes that some of these concerns can be addressed by better regulation, though that will play only a small part in changing public attitudes to the wider issues.
Recommendations
For the purposes of licensing, adult entertainment should be defined as
" The performance in a public place of any activity that a reasonable person would, in all the circumstances, consider to be for the purpose of providing sexual gratification and/or titillation."
1. There should be national regulations applied to AE activity, regardless of where it takes place. The current licensing régime allows unfair differences depending on the type of licence. If licensing is tightened up for a particular class of premises, imaginative operators may try to avoid regulation by, for example, providing adult entertainment in vehicles, or in a neighbouring building that does not serve alcohol.
2. All AE activities should be, at all times, fully visible to the public visiting the premises. Private activities should not take place on a public premises. Private booths are particularly difficult to oversee or manage and activities which occur in them may constitute or lead to prostitution.
3. Performers should not touch, or be touched by, customers. In order to remove any doubts about touching, and for the safety of performers, there must be a distance of 1 metre between performer and any other person during entertainment activities. Performers may not perform any act that clearly simulates masturbation, oral sex or sexual intercourse, including the insertion of any object, including their own finger into any genital opening. Performers may not touch their breasts with their mouths, lips or tongues. There is a need to separate AE from activity that might be illegal in terms of indecency or prostitution. As it is the operator who obtains the licence, the operator is responsible for ensuring compliance. The operator's own codes of conduct should, however, include information for the performer on what she should do if a customer tries to breach this rule. Operators should also have clear notices for customers, including what action will be taken against anyone who breaches the rule.
4. There should be adequate health and safety protection for performers, including
- dedicated and private changing, washing and toilet facilities, separate from public facilities. The Local Authority should determine what is adequate given the layout and circumstances of the venue.
- a minimum temperature of 20°C, confirmed by fixed thermometer, in all working and changing areas.
- adequate lighting in all working and changing areas.
- all work and changing areas must be kept clean, free from obstruction and with surfaces that are fit for purpose.
- adequate and hygienic facilities to make hot drinks and eat meals, and a supply of cold drinking water.
Performers are normally classed as self-employed. We understand that the operator remains responsible for the health and safety of contractors working in their establishments and those responsibilities cannot be discharged by claiming that the performers are self-employed. We consider that performers' safety and well-being can be protected by specific regulatory requirements.
5. There should be adequate security to ensure compliance with the AE regulations and prevent illegal activity. Each Local Authority should have discretion to determine appropriate methods of security but as a minimum there should be CCTV. Recordings must be retained for a period of at least one month and delivered to the Local Authority within three working days of request. The Local Authority should determine the precise deployment and operation of CCTV and if there is adequate staff supervision/stewarding to ensure performer safety. This will include any additional measures required to ensure that operators comply with the mandatory.
6. There should be a minimum age of 18 for AE performers, public and employed staff with an obligation on the operator to ensure compliance. Adult entertainment should be restricted to adults.
7. 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. There is nothing intrinsically wrong with the naked human body but the context is important. Full nudity, for example, may be more acceptable if the performer is at some distance from the customer and there is adequate operator supervision.
8. The Local Authority must have a policy on appropriate levels of provision for AE. Local authorities should be able to control the number and size of venues providing particular types of AE in specific localities. The economic impact study showed that there are different markets for adult entertainment and measures that may be appropriate for a sporting or stag weekend market may not be suitable for the corporate conference market. Decisions on over-provision depend to a very large extent on the nature of the neighbourhood, and on aims and ambitions for the city or town as a whole.
9. The Local Authority should determine the degree of external visibility allowed for AE establishments, taking into account the location of the specific premises. Premises should have external signs which indicate what the premises are so that members of the public can make a reasonable informed choice in advance. There should, however, be local discretion on the size and content of signs depending on the neighbouring area; a small alleyway with limited footfall might have larger signs than a busy thoroughfare. What goes on inside the premises should only be visible to those who have chosen to go into the premises, regardless of the location.
10. There should be a National Exemption so that the regulations do not apply to artistic representational performance. Regulations designed to minimise exploitation should not, by accident, restrict genuine artistic freedom.
11. The Scottish Executive should develop a co-ordinated strategic approach to the issue of gender based exploitation. Regulation of one small area may be a contribution but can do little to achieve change in underlying attitudes . We realised early on that there were a number of Working and Expert Groups examining and advising the Executive on issues that were linked in some way with the AEWG's remit. It is no accident that this work is being undertaken by many different Scottish Executive Departments because sexual behaviour and gender inequality affect so many areas of everyone's life. We are conscious that tightening up the regulations for adult entertainment does little to affect underlying attitudes, and that should be the longer term aim.
Regulatory Impact Assessment
Social and Personal
Performers - Distancing AE from prostitution will improve the status of AE. An increase in regulation may lead to regulatory avoidance which could reduce safety for workers. Regulations covering working conditions will improve a significant cause of concern.
Customers - An increase in regulation may lead to regulatory avoidance which could reduce safety for customers. Customers who expect sexual services from AE would be disappointed.
Public - Members of the public would be less concerned that AE was the same as prostitution.
Local Communities - The requirement for each local authority to determine appropriate levels of provision would mean local decisions for local issues. If left to the market it is expected that AE establishments would generally locate relatively close to one another in or near the city centre. Dispersing within city centres would produce a different effect within each individual city.
Economic
Turnover - We do not see the recommended increase in regulatory oversight would close the industry down. We also note that AE industry has only a relatively small impact on the Scottish economy. It is a relatively important part of group tourism for some activities such as stag/hen weekends and brings money into the city economies, particularly to Edinburgh. It is also seen by economic development professionals in Aberdeen and Edinburgh as an 'essential' service to be provided by international cities and seen as a potential factor in attracting business investment. The impacts in Dundee and Glasgow are more limited due to the small scale of AE relative to the city economies.
Employment and earnings - New regulations are likely to increase employers' costs, which may be passed on to performers. We doubt that the restrictions on private booth dancing will close the industry down.
Customers and expenditure - New regulations are likely to increase employers' costs, which may be passed on to customers.
Informal economy - Legislation to close AE venues, or remove them from city centres would be likely to lead to an increase in unlicensed operations. A high proportion of takings and earnings would be untaxed. The view in Edinburgh is that this could be a significant problem, whereas in Glasgow it was perceived to be less of a problem. Most industry workers also believed this to be a likely problem. There are currently one off AE events being staged in all of the cities and smaller towns and villages in venues such as pubs, clubs and hotels. There are possible safety issues surrounding these events.
Property values - Possible advantages of the requirement to consider over-provision would be diversification of the AE area of Edinburgh and removing individual establishments from inappropriate areas in Glasgow. In Edinburgh there is some evidence of an area-wide downmarket image in Tollcross/Lothian Road partly due to the industry. In Glasgow any negative effects of AE are more localised, and impact on businesses adjacent to actual and proposed establishments. Negative impacts on Dundee are small and the overall economic impact of dispersal would depend on the size of the proposed area. In Aberdeen and Dundee, dispersal was generally regarded as unnecessary.
Community costs - None, other than the costs of increased regulatory oversight.
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