Adult Entertainment Working Group - Report and Recommendations: Volume 1

Chapter 4. Recommendations

The Better Regulation Task Force noted that Regulation can be added to and made more burdensome by:

a lack of clarity about: the scope and intention of the original regulation;
what those being regulated need to do to comply;
the purpose and legal status of guidance.

We want to avoid all of those pitfalls.

The need for additional controls

The AEWG noted from the Public Consultation Exercise ( see Annex 4) that there was support for specific licensing arrangements for each of the four types of adult entertainment venues asked about, with over two-thirds of respondents agreeing that there should be specific licences for each.

Having established that the current licensing regime has loopholes and a more consistent approach would be fairer and easier to understand, we turned to wider and deeper issues. Was there a need for more regulation? Why, and what would its purpose be? Whilst a tidying up would be useful on its own, we wanted to see our work in the wider context of attitudes to sexual behaviour, to gender imbalance and to exploitation.

In the light of that, the AEWG makes the following 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."

4.1 There should be national regulations applied to the activity as defined, 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.

4.2 All adult entertainment 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.

The AEWG experience

Activities witnessed via CCTV by the Adult Entertainment Working Group on visits to venues have shown that more happens in private booths than simple no-touch dancing. On our planned visits we saw CCTV coverage of lap dancing in booths including activity that went beyond dancing and involved intimate touching even though that was not permitted in the particular venue. That showed that even with CCTV and a Code of Conduct it is not practically possible to regulate activity in private areas. (Venue visits review see Annex 8)

We note also the strict rules imposed in some premises.

"Performers are never to be in the company of a customer except in an area open to the public within the Club (excluding toilets) (Spearmint Rhino Code of Conduct see Annex 9)

We took into account the public's view

Of the 42 respondents who thought controls were required to regulate these activities, 12 thought these venues should be banned or shut down and 3 thought VIP and curtained areas should be banned. (Consultation analysis see Annex 4)
"Assuming that customers of adult entertainment venues pay for extra services in a booth, other than simply a 'private dance', this is more like prostitution than adult entertainment." ( Sandyford Initiative Interview see Annex 6 (6.7))
Having private booths and one-to-one contact personalises the relationship between performers and customers. If there is nothing extra to be provided, there is no need for private booths. Private booths only further infer to the customer that the performer is available to have sexual intercourse with them, which is not or should not be the reality. ( Sandyford Initiative Interview see Annex 6 (6.7))
47% of men and 45.6% of women thought that there should be restriction on activities inside venues, this excludes multiple responses i.e. each respondent is only counted once. ( Public Attitude SPAS files)

We noted the strict rules imposed by some operators who are clearly worried that the "intimate" atmosphere created may lead to illegal activity outwith the premises

There will be no soliciting or meeting customers after work. Performers engagement by the club will be terminated if they are found to be involved with any customers of the club outwith the club premises. (Truffle Club House Rules see Annex 11)
"Performers will either leave at the end of a shift in a nominated taxi, or a member of security will escort them to their car or off the premises." (Spearmint Rhino Code of Conduct see Annex 9)
"Performers must not leave the premises until after the customers have departed and then have been cleared to leave by the manager." (Spearmint Rhino Code of Conduct see Annex 9)
"When you finish your shift you should report to the co-ordinator who will arrange for you to be escorted to your car, when appropriate." (For Your Eyes Only Code of Conduct see Annex 10)
"Performers leave in groups of 5 at the end of the night (For Your Eyes Only Interview see Annex 3 (6.3))

We noted that the perceived connection between adult entertainment and prostitution was of concern to performers

Performers are affected negatively by claims of prostitution in their profession. These claims add to the negative stigma that already exists relating to the profession. Prostitution is, to my knowledge, not condoned in any establishments offering exotic dancing. Moreover, should a performer be suspected of 'off-premises prostitution' she will be dismissed. Club owners and management are aware that their licences are in jeopardy and do not condone any such behaviour. (Anonymous response to consultation)
Performers reported that it is common for performers to be propositioned for sex by customers as often as 4-5 times a night. All the performers interviewed disapproved of performers who were also prostitutes and they drew a clear distinction between the different types of work. One performer said that it was unusual for performers to work in prostitution and dance-prostitutes are looked down on and criticised. (Performer Interviews see Annex 7)

Regulatory Impact Assessment

Social and Personal

Performers - The perception of AE dancing would be a clear step removed from sexual activity and thus be of higher status. There may be a reduction in payment for dances and concerns that it will close businesses down leading to job losses. It will improve safety and provide better working conditions.

Customers - Those accustomed to private dances in small booths would be most affected. We noted, however, that in some clubs that whilst the performer could be seen from the main floor the customer could sit where he was unseen.

Public - Members of the public would be more likely to know what to expect.

Local Communities - The nature of the premises might change.

Economic

Turnover - Difficult to estimate, though what seem to be successful operators include those without private or wholly private booths. Even if the industry was closed down there would not be a huge impact overall. "The effects of closure would be likely to be relatively small on city economies as a whole, although sectors associated with group tourism in Edinburgh, such as hotels and bars would be affected." ( Economic Impact Report see Annex 5)

Employment and earnings - There may be a reduction in payment to performers as wholly private dances should no longer take place. Some performers thought that this would close the industry down and leave them without AE work. We doubt that as some current successful operators manage without wholly private booths.

Customers and expenditure - Door charges might increase if dance charges were reduced.

Informal economy - There might be an increase in activity that tried to evade regulation.

Property values - Little impact.

Community costs - None, apart from the costs of increased regulatory oversight .

Potential effect of changes to regulation - Some operators would have to redesign their premises. All establishments would be working to common standards.

4.3 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 one 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 so 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.

The AEWG experience

Activities witnessed via CCTV by the Adult Entertainment Working Group showed that even with CCTV and a Code of Conduct it is not possible to prevent touching . (Venue visits review see Annex 8)
The size of some booths makes a no touching rule almost impossible to follow.
We note also the strict rules imposed in some premises.
"Absolutely no physical contact is permitted between performer and customer whilst dancing for the customer" ( Truffle Club House Rules see Annex 11)
When you are doing a table dance, don't lean into the guest, this is a NO DISTANCE NO CONTACT club." "No touching the customers in any way (shoulders, legs, face or crotch)" "Don't let customers touch you - legs, breasts, other personal parts, hands or face." "Don't touch another girl when you are dancing with her or don't act like you are touching her." (For Your Eyes Only Code of Conduct see Annex 10)
For the purpose of constraint, performers may only touch a customer above the customer's chest with only the performer's hands." "Performers must not sit on or straddle the customer." "Performers are never to intentionally touch the genitals or breasts of another performer or to knowingly permit another performer to intentionally touch their genitals or breasts." "If a customer attempts to touch, or to speak to a performer inappropriately, the performer must immediately stop the performance and explain the relevant rules. If necessary, ask for assistance from and co-operate with a floor supervisor, who will take appropriate action, which may include escorting the customer out of the Club." (Spearmint Rhino Code of Conduct see Annex 9)
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 (Spearmint Rhino Code of Conduct see Annex 9)

We noted the industry view

When we asked an operator about the definition of table dancing, he said the activity "is not about getting physical or touching." ( For Your Eyes Only Interview see Annex 6 (6.3))

We took into account the public's view

31% thought touching performers should not be allowed (Public Attitudes Survey see Annex 3)
Men may think women are solely for them and their pleasure, since the activities are not exactly about the skill of dancing from afar. These activities are much more sexualised than just being about observation. A 'no touching' rule would draw the line more clearly about what is and is not acceptable. (Sandyford Initiative Interview see Annex 6 (6.7))
47% of men and 45.6% of women thought that there should be restriction on activities inside venues, this excludes multiple responses i.e. each respondent is only counted once ( Public Attitude Survey see Annex 3)
89.1% of men and 94% of women thought there should be some form of imposed restriction, this excludes multiple responses ( Public Attitude Survey see Annex 3)

We took into account performers' views

Performers tend to feel in 'control' in the environment due to the 'no-touching' policy and the security measures in place in clubs. (Anonymous response to consultation)
Performers reported that it is common for performers to be propositioned for sex by customers as often as 4-5 times a night. They explained that whilst some customers asked performers to perform 'extras', most clubs had a very strict policy of prohibiting sexual behaviour in the clubs. (Performer Interviews see Annex 7)
Performers were concerned that the willingness of a minority of performers to provide sex for money posed a threat to their earnings and was putting pressure on some performers to have sex with customers. Two performers mentioned that Eastern European performers were very competitive and were prepared to offer 'extras' and that this was raising the expectations of the customers. One performer warned that sexual interaction might increase if customers refused to pay the same rate for 'tamer' dancing. If performers felt unable to make enough money from dancing, they may take more risks with customers by agreeing to do more private parties and/or prostitution. (Performer Interviews see Annex 7)

Regulatory Impact Assessment

Social and Personal

Performers - This will lessen the chance of adult entertainment becoming, or being perceived as, illegal sexual activity. There may be a reduction in payment for dances and concerns that it will close businesses down leading to job losses. It will improve safety and provide better working conditions.

Customers - Customers may be disappointed however a safer environment would be promoted to all involved.

Public - Members of the public would be more likely to know what to expect with the perception of a safer local environment being promoted.

Local Communities - The nature of the premises might change.

Economic

Turnover - Difficult to estimate, though what seem to be successful operators include those without private booths. Even if the industry was closed down there would not be a huge over impact overall. "The effects of closure would be likely to be relatively small on city economies as a whole, although sectors associated with group tourism in Edinburgh, such as hotels and bars would be affected." ( Economic Impact Report see Annex 5)

Employment and earnings - Some performers thought that this would close the industry down and lead to job losses for various staff categories i.e. performers, bar staff and bouncers. We doubt that though the payment arrangements may change.

Customers and expenditure - There may be an increase in door charges if the demand for private dances is lessened.

Informal economy - There might be an increase in activity that tried to evade regulation.

Property values - May improve if activities taking place are perceived as legal.

Community costs - None, apart from increased costs of regulatory oversight .

Potential effect of changes to regulation - Some operators would have to redesign their premises. There would be common standards that could be implemented fairly.

4.4 There should be adequate health and safety protection for performers, including

1. 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.

2. A minimum temperature of 20°C, confirmed by fixed thermometer, in all working and changing areas.

3. Adequate lighting in all working and changing areas.

4. All work and changing areas must be kept clean, free from obstruction and with surfaces that are fit for purpose.

5. 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.

The AEWG experience:

During the visits to adult entertainment venues we noted that some premises were not equipped with private changing facilities for performers. In two places, the public ladies toilet doubled as the performers' changing room. (Venue Visits Reviews see Annex 8)
We noted the rules set by the City of Glasgow Council (see Annex 14)

We note also the rules imposed in some premises.

Owner shall…Provide to Performer, at Owner's expense…dressing room facilities." (Spearmint Rhino Dance Performance Licence see Annex 9)
The venue provides private changing facilities, hairdryers, special lighting and in some venues, showers are provided." ( For Your Eyes Only Interview see Annex 6 (6.3) )
Changing rooms are strictly private spaces for performers and no other club staff can enter without permission. (For Your Eyes Only Interview see Annex 6 (6.3))

We took into account the public's view

Controls should be put in place to ensure performers receive proper working conditions. (Sandyford Initiative Interview see Annex 6 (6.7))
Of 42 respondents who thought controls are required to regulate these activities, 7 thought that regulation should be made for provision of health and safety standards of staff working in establishments/ working conditions including acceptable changing, showering and locker area facilities for performers. (Consultation Analysis see Annex 4)

We took into account the performers' views

Performers were more likely to complain about the lack or privacy and security which has led to other performers stealing from them. One performer wanted clubs to enforce stricter house rules to punish theft and ensure greater privacy. (Performer Interviews see Annex 7)

Regulatory Impact Assessment

Social and Personal

Performers - This will ensure privacy and personal hygiene standards for performers, who have in some places been expected to change in public or cramped areas. They will also benefit from clear responsibilities placed on operators.

Customers - They will not have to share facilities with performers, which can cause embarrassment.

Public - No impact.

Local Communities - No impact.

Economic

Turnover - There will be one-off implementation costs and some ongoing costs.

Employment and earnings - Operators may try to recover costs from performers.

Customers and expenditure - Operators should try to recover costs from customers.

Informal economy - One off AE performances will have to meet this standard.

Property values - None, or slight enhancement for the owner.

Community costs - None other than the costs of regulatory oversight.

Potential effect of changes to regulation - This will improve working conditions for performers and ensure a level playing field throughout the industry.

4.5 There should be adequate security to ensure compliance with the 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 controls.

We note that the Police have unfettered access to CCTV for the purposes of crime investigation.

The AEWG experience

During the AEWG's visits we saw adult entertainment activity via CCTV, which we would not have seen otherwise. Whilst assured by all venues that the activities taking place involved no touching it appeared that there was little or no distance between performer and customer. In one venue the performer repeatedly had to remove the customer's hands, and in another, the performer placed her hands on the customer's thighs. We had little doubt that touching went on despite CCTV, and noted the operators' concern at what we were viewing. (Venue Visits Reviews see Annex 8)
The visits showed that there is a range of venues with very different customer bases, types of activities and physical layouts. Appropriate requirements for methods of oversight can only be implemented through locally tailored decisions. ( Venue Visits Reviews see Annex 8)

We noted the industry view and the measures already taken to secure compliance with self-regulation.

Operators must be in control and ensure the running of venues is completely above board, in every possible aspect. Adult entertainment venues such as FYEO can make between £10,000-£12,000 in a night hence, they are a magnet for prostitution, pimps and drugs. It is vital that operators do not ignore the reality that these venues are attractions for the illegal elements of society which try to operate through such premises. One of the key measures which should be taken to avoid venues being misused for illegal purposes is to employ a legitimate and reputable security firm which operates legally and above board. Having a strong door presence and legitimate security presence soon makes people aware that anything illegal will not be tolerated. Security and rules are vital and local council authorities and the police should have a hand in the operations and controls which are placed on the table dancing business. (For Your Eyes Only Interview see Annex 6 (6.3))
CCTV should be installed to cover all areas in an adult entertainment venue and police and/ or local authorities should have the power to check the tapes at any time. (For Your Eyes Only Interview see Annex 6 (6.3))
"For the purposes of safety and standards, the Club may employ the use of closed circuit cameras and radio communications throughout the premises." ( Spearmint Rhino Code of Conduct see Annex 9)

We took into account the public's view

There were seen to be potential safety issues for performers and customers in private booths, but this was seen as being less of an issue if CCTV becomes compulsory. (Economic Impact Report see Annex 5)
Of 42 people who thought controls are required 6 thought that there should be regular monitoring to ensure compliance with the conditions of the licence. (Consultation Analysis see Annex 4)
" CCTV is a possible requirement although there would be concerns that tapes could be used for pornography purposes or for further exploiting a private booth. Monitoring of CCTV by the police and Local Authorities would be necessary." (Sandyford Initiative Interview see Annex 6 (6.7))

We took into account performers' views

Performers… tend to feel in 'control' in the environment due to the… security measures in place in clubs. (Anonymous response to consultation)
All performers expressed feelings of safety at work and two performers specifically said that they felt safer at the dancing club than at ordinary clubs. Feelings of safety were attributed to the CCTV cameras and to bouncers who were able to stop trouble quickly. (Performer Interviews see Annex 7)
There was a suggestion by one performer that club owners sometimes felt pressure to 'turn a blind eye' to all illegal activity if there were 'gangsters' involved in the club. (Performer Interviews see Annex 7)
When performers were asked what they would do to improve their jobs, most mentioned the need for the club to offer more protection for the performers. (Performer Interviews see Annex 7)

We noted the view of the Police;

Any premises or vehicles, licensed or otherwise in which Adult Entertainment occurs should have an appropriate Closed Circuit Television system in place. The provision of such a security system would serve, together with other measures, to facilitate a safe environment for customers, performers, staff and operators alike.
All public and private dance areas and entrances and exits should be monitored constantly while the premises are open to the public by means of a CCTV system that should be installed and maintained in good working order to the satisfaction of the relevant Licensing Board and in consultation with the local Police.
Any recording should be produced to a police constable on request. The operator should be responsible for maintaining the integrity of the system and any recordings should be kept for a minimum of 28 days.

The Group did have concerns about the possible misuse of recorded images, for pornography or blackmail, but were re-assured by evidence from the Police that there is no available information to suggest that there has been any criminal or other misuse of images captured on the security systems of those licensed premises providing adult entertainment that have CCTV installed.

Regulatory Impact Assessment

Social and Personal

Performers - This will improve the safety of performers and will reduce the likelihood of related crime.

Customers - Greater surveillance may cause discomfort. This will improve the safety of customers and will reduce the likelihood of related crime.

Public - No impact.

Local Communities - May reduce the likelihood of related crime.

Economic

Turnover - There will be implementation costs for some. Other operators already have compliant security systems.

Employment and earnings - Operators may try to recover costs from performers.

Customers and expenditure - Operators should try to recover costs from customers.

Informal economy - None, other than the possibility of attempts to evade regulation.

Property values - None, or slight enhancement for the owner.

Community costs - None other than the costs of regulatory oversight.

Potential effect of changes to regulation - This will ensure a level playing field throughout the industry and benefit operators who comply.

4.6 There should be a minimum age of 18 for performers, public and employed staff with an obligation on the operator to ensure compliance. Adult entertainment should be restricted to adults. All operators must make all reasonable endeavours to prevent under-age performers, employees and customers.

We noted that there is, at present, a very wide range of age-based differences of treatment in the employment field across the EU. Given this diversity of approaches and attitudes throughout the EU, the relevant Directive could not set out in detail every age distinction that was legitimate. Instead, it establishes a framework for assessing the legitimacy and justification for the use of age distinctions, while also permitting member states to introduce some specific exemptions if they wish in certain narrowly-defined areas.

In the UK 18 is generally accepted as adulthood and we noted The Protection of Children and Prevention of Sexual Offences Act 2005. This creates new offences in relation to the arrangement, facilitation etc of child pornography and the provision of sexual services by children (under 18). This would cover those who allow people under 18 to work as lap performers.

We noted the views of the public

"Performers working in the Adult Entertainment industry should be aged 18 at minimum but ideally, 21. There is also a risk that vulnerable women younger than 18 could get involved in the industry, for instance if a girl is living away from home or has no qualifications it would be an easy thing to do to earn money." ( YWCA Interview see Annex 6 (6.5) )

Regulatory Impact Assessment

Social and Personal

Performers - This reduces the likelihood of inappropriate sexual and sexualised experiences for minors.

Customers - There should be less likelihood of inappropriate sexual and sexualised experiences for minors.

Public - Those under the age of 18 will not be able to attend as performers or customers.

Local Communities - No impact.

Economic

Turnover - There will be implementation costs for some operators to ensure compliance.

Employment and earnings - Operators may try to recover costs from performers.

Customers and expenditure - Operators should try to recover costs from customers.

Informal economy - Operators will have to ensure compliance.

Property values - None.

Community costs - None other than the costs of regulatory oversight.

Potential effect of changes to regulation - The obligation on the operator will increase the likelihood of robust measures to ensure compliance. There should be less likelihood of inappropriate sexual and sexualised experiences for minors.

4.7 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.

We took into account the views of the industry

"Performers must not remove, lower or pull their G-string to the side whilst dancing for a customer" ( Truffle Club House Rules seeAnnex 11)
"Performers shall not be completely nude except while performing on the centre main stage of the Club or performing a nude table dance where permitted; performers are never to perform a nude table dance unless performer is in a supervised area or within 5 metres of a floor supervisor." (Spearmint Rhino Code of Conduct see Annex 9)
"topless performers can earn just as much money as those who perform fully nude." (For Your Eyes Only Interview see Annex 6 (6.3))

We took into account the views of the public

13% of males and 21% of females thought the level of nudity should be restricted. (Public Attitudes Survey see Annex 3)
"There are negative impacts on performers. The act of taking clothes off in front of people is damaging and embarrassing in itself. It is the belief of CSRCC that these activities only lead to a degradation of respect by the public and as soon as respect is lost, the problems with this activity can only be heightened. Attitudes of the public towards performers is therefore concerning." ( CSRCC Interview see Annex 6 (6.1))
Adult entertainment activities impact on performers by de-personalising performers as people - it makes them 'faceless' in some way. There are most likely emotional impacts of friction dancing on performers. Even if venues claim the activities are about the art of striptease - there is always the inference that arousal will go further, and by nature people always hope arousal will lead to more. Perhaps there should also be controls on dress. (Sandyford Initiative Interview see Annex 6 (6.7))

We took into account the views of performers

Exotic performers provide a multitude of services in various locations and in varying states of un/dress. These vary from pole dancing, lap dancing or table dancing - fully or partially clothed, to stripping at a private function for a stag night or birthday party. Their state of undress depends on the location - gentlemen's club, pub, club (Anonymous response to consultation).

Regulatory Impact Assessment

Social and Personal

Performers - It would reduce the potential for exploitation.

Customers - May be disappointed by any restrictions.

Public - No impact.

Local Communities - There would be local decisions based on local views.

Economic

Turnover - There would be flexibility depending on the circumstances of the venue and local views. Operators may require a different Code of Conduct depending on each Local Authority's decision on the relevant levels of nudity and proximity. Some operators work successfully with restrictions.

Employment and earnings - Tighter controls on what is acceptable in terms of nudity may make the industry less attractive and reduce customer numbers.

Customers and expenditure - Tighter controls on what is acceptable in terms of nudity may reduce customer interest and cause disappointment and dissatisfaction.

Informal economy - If the Local Authority sets very restrictive conditions there is an increased probability of activity that tries to evade regulation.

Property values - None.

Community costs - None other than the costs of regulatory oversight.

Potential effect of changes to regulation - The obligation on the operator will increase the likelihood of robust measures to ensure compliance.

4.8 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.

We took into account the views of the public

One third of respondents said they were aware of an adult entertainment venue in their Local Authority. Almost half of the sample thought that the presence of these venues had a negative impact (49%) or no impact (43%), compared with 8% who thought they have a positive impact. (Public Attitudes Survey see Annex 3)
Only 6% of respondents would be in favour of an adult entertainment venue opening in their neighbourhood. Just over half (56%) would be opposed. (Public Attitudes Survey see Annex 3)
All respondents who felt that the presence of adult entertainment venues would have a negative impact were asked what problems they thought might be caused. As Figure 6 shows, the main potential problems were associated with anti-social behaviour. They believed that the area might develop a more negative image (65% male and 70% female) might attract the wrong kind of people and that there might be more drunken and unruly behaviour. The safety of local women was also an issue for respondents. Two-thirds (66%) of women were concerned that there might be implications for local women's safety, as were 57% of men. (Public Attitudes Survey see Annex 3)
41% of respondents thought venues should be restricted to specific streets or areas. (Public Attitudes Survey see Annex 3)
In Edinburgh, the negative impacts of the industry appear to be greater than in other cities, possibly due to the scale and concentration of the industry there. Local economic development practitioners argued that the area around Lothian Road and "Tollcross is already infamous for drinking and violence and AE adds an extra element of 'sleaze' to this. Some types of business suffer as a result of the nature of the area." (Economic Impact Report see Annex 5)
In Edinburgh, neighbouring businesses provided some evidence of an area-wide downmarket image in Tollcross/Lothian Road partly due to the AE industry. In Glasgow, research with the Council and neighbouring businesses indicated that any negative effects of AE are more localised, and only impact on businesses adjacent to actual and proposed establishments. (Economic Impact Report see Annex 5)
From the views of neighbouring businesses in Edinburgh, a few specific businesses targeting high spending visitors, for example more upmarket restaurants, had concerns that the area where adult entertainment venues are clustered was perceived to be low quality and was avoided by high spending locals and visitors alike. "In a slight way yes, it affects me, because the area is affected by these establishments, the status of the area is affected." "It can be difficult to convince people that you have something different from what is already in the area. There are less people that will come to our restaurant just because the area in which we are."(Economic Impact Report see Annex 5)
Lothian and Borders police indicated that there were no specific crime problems caused by the presence of AE establishments. (Economic Impact Report see Annex 5)
In Edinburgh 6 of the 7 'Lap Dance' clubs in the city are located within the Tollcross area. Tollcross is a high-density, residential area, with approximately 7,000 households. The demographics of the area are very mixed, with 16-25 year olds being the highest proportion of the population, pensioners the second, at about 25% of the overall population and the rest are mainly families with young children. The area also has a retail centre, a primary school and several cinemas, theatres, restaurants and regular clubs, within a very small radius. Residents there have particular concerns. Five of the clubs operate on 'normal' public house licences. Organised 'Stag' parties have greatly increased since 2001. The complaints received by the City of Edinburgh Council, have included comments such as, "I've only lived here for the last year and already I can see the area going to the dogs", Home St resident, Sept 2002, "I have lived in Tollcross for forty years, but in the last few years, I've noticed it's becoming Edinburgh's answer to Soho, by stealth" Bruntsfield Place resident, August 2005. When residents are asked to explain further what they mean by such comments they give examples of large groups of drunken men, harassing or shouting abuse at passers-by when they are travelling between the many adult entertainment venues in the area. (Report by AEWG member)
The City of Edinburgh Council has, in the last few years, seen an increase in the numbers of complaints received from residents and workers in the Tollcross area, in relation to incidents of harassment and intimidation of local women and men, by the users of the areas 'Lap Dance' clubs. For example, in the Bread Street/West Port area, which contains 3 of the 5 unregulated 'Lap Dance' public houses in Tollcross, reports have been received from local residents, such as, "We can't even pop out to the shops for a pint of milk on a Saturday afternoon without being subjected to sexual comments and/or abuse and it doesn't seem to matter if we have our young children with us, either", Bread Street resident, June 2004, and from Home Street, complaints such as, "I have been attacked personally by 'punters' coming out of the old 'Fantasy Bar' (now the Liquorice Club) whilst going into the main door of my flat, and the whole stretch of road can be uncomfortable to walk down", Former Home Street resident, October 2004. The Council has also received reports of sexual harassment and intimidation from parents, whose children attend Tollcross Primary School, in Fountainbridge. For example, one member of the school board advised that, "One of our parents was waiting for her husband and child, on Earl Grey Street, at around 4.00p.m. last Friday, where she was approached and asked 'How much'?", Board member and Bread St resident, December 2004. One local resident says that he was "delighted that someone is taking a stand against the trashy bars that seem to have sprung up in our City over the past few years. I'm appalled that no one else has seen the dangers of alcohol-fuelled men being released onto city centre streets after an evening of 'sexual promises'. He hoped that the AEWG are "not going to be diverted by spurious claims that it would drive the business underground, it's already underground and it's these bars that are feeding it", Bruntsfield Place resident, September 2005. (Report by AEWG member)
There is a strongly held view within the Tollcross community that the high levels of adult entertainment venues in the area are having a detrimental impact on their quality of life and residential amenity. There is also a growing concern within the City of Edinburgh Council that there may also be a knock-on effect on the other tourists and visitors to the area, who may wish to enjoy the many other visitor attractions and general entertainment venues on offer. For example, the Edinburgh Film House, on Lothian Road, recently complained that "one morning we arrived at work to find the public house across the street had become a 'lap dancing' bar (Big Daddy O's) and were surprised to learn that no consultation or neighbour notification was required from local authority. Obviously we're concerned that our visitors will be put off coming to The Film House, as a direct result", representative of EIFF, December 2005. Other comments that give the council concern include "Now with the approach of summer more Stag Party 'Binge Drinkers' will flock to the area and when leaving, some become sick on the pavement or doorways or will even relieve themselves in the doorways", West Port resident, May 2004, and, "I love the area for so many other reasons but it could be so much better if these places weren't there or at least were minimal. I don't think the tourists like it much either!" Home Street resident, October 2004. (Report by AEWG member)
34 of 52 of the respondents thought that the impact on the public in general was negative. Many in this group gave examples of women feeling unsafe or uneasy in certain areas due to the activities taking place. Example was given of the potential for harassment, verbal abuse, and stalking which put women in fear of being in certain areas at certain times. (Consultation Analysis see Annex 4)
" CSRCC stated that having secluded or specific 'red light' areas may 'shield' the public in general from witnessing any disorder and enable them to avoid potentially violent areas audiences/clients/pimps are frequenting. However, keeping these areas more secluded and secretive puts the workers at much more risk of violence and abuse. They believe that more open and central locations for the activities will only mean the violence experienced by the workers will happen behind closed doors as opposed to on the streets. Central areas may make it safer for the public, as they are more likely to be busy a lot of the time. However, having public areas of adult entertainment will normalise and promote acceptance of an abusive industry and thus contribute to the erosion of respect. CSRCC stated there are no 'ideal' areas for this industry. ( CSRCC Interview see Annex 6 (6.1))
"Lothian Road and Tollcross in Edinburgh are perceived as magnet areas for men especially stag parties - a clear message came through from YWCA that women in the group felt unsafe in these areas." ( YWCA Interview see Annex 6 (6.5))
"Men who are aroused when they leave adult entertainment venues pose a threat for those walking past/or residents nearby, especially if in they are in groups of stag parties. Women in particular may feel more fearful in these areas." (Sandyford Initiative Interview see Annex 6 (6.7))
Zoning was unpopular with the industry and with most other stakeholders in all cities. The potential impact depended on the size of proposed zone - zoning within a wider area would be unnecessary as this takes place without intervention. The industry resented the stigma attached to zoning, while others raised concerns regarding the economic effects on any area chosen for tight zoning. Some neighbouring non- AE businesses in Edinburgh were in favour of a tight zone to increase the diversity of footfall in the wider Tollcross/Lothian Road area. (Economic Impact Report see Annex 5)

Regulatory Impact Assessment

Social and Personal

Performers - Some may lose their jobs due to competition for restricted venues.

Customers - None, other than possibly restrictions of availability.

Public - Appropriate restrictions would improve the perceptions of the general public.

Local Communities - There would be local decisions based on local views. Restrictions would have the potential to improve the perceptions of residents. There may be potential to positively change areas of deprivation in some cities - areas with AE are more deprived than comparable areas in Aberdeen, similar in Dundee and less deprived in Edinburgh and Glasgow. No area wants to be a receiving zone.

Economic

Turnover - Restrictions could restrict amount of AE activity taking place in one locality.

Employment and earnings - Restrictions could restrict amount of AE taking place in one locality. Dispersal may reduce the amount of customers.

Customers and expenditure - Dispersal may reduce the amount of customers.

Informal economy - If the Local Authority sets restrictive conditions there is an increased probability of activity that tries to evade regulation.

Property values - Restrictions would improve the perceptions of surrounding businesses. A tight zone may lead to property owners there taking 'monopoly' type rents from AE establishments who could not locate elsewhere.

Community costs - None other than the costs of regulatory oversight.

Potential effect of changes to regulation - Locally based decisions would allow flexibility depending on the circumstances of an individual area and local views. Concerns about the effect of over-provision would be addressed by people who know the area.

4.9 The Local Authority should determine the degree of external visibility allowed, 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.

We took into account the view of the industry

"Owner shall…Advertise the business in a commercially reasonable manner for the benefit of both Performer and Owner." (Spearmint Rhino Dance Performance Licence see Annex 9)
"It was argued by the industry that the low-profile operation of the establishment avoided upsetting any nearby residents and businesses." One operator said that "with this kind of business you have to be central but discreet."(Economic Impact Report see Annex 5).

We took into account the view of the public

With the exception of some Edinburgh establishments, most were relatively discreet in terms of signage and location. (Economic Impact Report see Annex 5).
Of 42 of those who thought controls are required to regulate these activities, 3 thought licensing conditions should be applied to advertising of clubs and related activities (including flyers and promotional material). (Consultation Analysis see Annex 4).
"There are negative effects of this activity on children in general, for instance walking down Bread Street in Edinburgh would have a huge effect on what children see and what they take seriously. Seeing venues which provide 'adult entertainment' would lead to an erosion of respect for women." ( CSRCC Interview see Annex 6 (6.1)).
"Because taxis in Glasgow advertise lap dancing, the public are subjected to this whether or not they like it and may feel that such advertising says something about the city of Glasgow - i.e. that this is what women are like (available). Advertising in this manner further normalises these activities." (Sandyford Initiative Interview see Annex 6 (6.7)).

Regulatory Impact Assessment

Social and Personal

Performers - Help to reduce perceptions of objectification/exploitation of women.

Customers - Visitors and first time customers may find premises harder to locate.

Public - Makes clear to the public exactly what the premises are. Helps to avoid causing offence to the general public. Restrictions would improve the perceptions of the general public. Help to reduce perceptions of objectification/exploitation of women.

Local Communities - There would be local decisions based on local views. Restrictions would improve the perceptions of residents.

Economic

Turnover - Restrictions could affect customer awareness.

Employment and earnings - Restrictions could affect customer awareness.

Customers and expenditure - Restrictions could affect customer awareness.

Informal economy - If the Local Authority sets restrictive conditions there is an increased probability of activity that tries to evade regulation.

Property values - Restrictions would improve the perceptions of surrounding businesses.

Community costs - None other than the costs of regulatory oversight.

Potential effect of changes to regulation - Locally based decisions would allow flexibility depending on the circumstances of an individual area and local views. Concerns about visibility would be addressed by people who know the area.

4.10 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.

We took into account the views of the Scottish Arts Council;

The role of art in society is to allow people to think, reflect and challenge thoughts.
Theatre is about representing different parts of society.
Representation of activity is not the activity itself.
Representation is different from staging a performance which specifically has the intention to titillate sexually.
Artistic interpretation is important and needs to be able to highlight sexual representation.

We took into account the Guidance on the Licensing Act 2003 with regards to censorship:

"In general, other than in the context of film classification for film exhibitions, licensing authorities should not use their powers under the 2003 Act to seek to impose conditions which censor the content of any form of regulated entertainment. This is not a proper function of licensing law and cannot be properly related to the licensing objectives. The content of regulated entertainment is a matter which is addressed by existing laws governing indecency and obscenity. Where the concern is about protecting children, their access should be restricted where necessary. But no other limitation should normally be imposed" (para. 7.69).

We took into account the view of artistic performers' representatives

The Scottish Arts Council confirmed that a majority of theatre performers are members of the trade union Equity, which protects the interests of performers and sets contracts whereby performers agree and sign at the outset, conditions regarding nudity. (Scottish Arts Council Interview see Annex 6 (6.9))
The trade union Equity distinguishes between performers of dance and performers who work in the 'adult entertainment' business as those who are (salary) paid for performing and those who are sex workers.
Equity confirmed there have been no reported instances in Scotland of performers being exploited by being asked to do extra activities e.g. to take off their clothes at an audition. (Equity phone response)

We took into account the view of a club

The events do not have paid performers as the members partake in the entertainment with each other in a safe non-judgemental environment, however members may also attend events as a social forum and have no involvement in the activities if this is what they wish. A significant portion of the entertainment is intended to provide instruction, advice and guidance. The entertainment is self policed and behaviour and etiquette rules are in place and strictly adhered to." (Violate Interview see Annex 6 (6.4))

Regulatory Impact Assessment

Social and Personal

Performers - None.

Customers - None.

Public - None.

Local Communities - None.

Economic

Turnover - None.

Employment and earnings - None.

Customers and expenditure - None.

Informal economy - None.

Property values - None.

Community costs - None.

Potential effect of changes to regulation - None.

4.11 Links to other Scottish Executive policy areas

One of our key recommendations is that the Scottish Executive should develop a co-ordinated strategic approach to the issue of gender based exploitation. 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 made contact with these groups and made sure that they were kept informed of our work by early access to our meeting Minutes. We also met representatives from some of the most relevant groups. We could, however, see no signs of a truly co-ordinated approach. 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.

Child Prostitution

The Protection of Children and Prevention of Sexual Offences Bill was passed on 28 May 2005 and it received Royal Assent on 12 July 2005. Commencement took place on 7 October 2005.

Of particular interest to the AEWG:

The offences in relation to indecent images of children in the Civic Government (Scotland) Act 1982 were amended so that they will apply to indecent images of young people under 18 (with certain exceptions) rather than just to images of children under 16.
A new offence of Paying for the Sexual Services of a Child, where "child" is defined as a person under 18. The Executive added a new definition of "sexual services" so that this does not refer only to prostitution. The scope of what it covers will ultimately be for the courts to decide, but the Executive considers that it will cover sexual services such as lap dancing, pole dancing, stripping, and sex chatlines.
The Act defines "sexual services" as:
(a) the performance of sexual activity; or
(b) the performance of any other activity that a reasonable person would, in all the circumstances, consider to be for the purpose of providing sexual gratification, and a person's sexual services are obtained where what is obtained is the performance of such an activity by the person.
New offences in relation to the arrangement, facilitation etc of child pornography and the provision of sexual services by children (under 18). This would cover those who employ people under 18 to work as lap performers etc.

Possession of Extreme Pornography

The Scottish Executive has consulted on whether to create a specific criminal offence for possession of extreme pornography. The consultation was launched on Tuesday 30 August 2005 and closed on Friday 2 December 2005. Seventy one Scottish Responses were received: 38 personal responses and 33 responses from organisations. In addition, 49 responses from cross border organisations are also being included in the Scottish analysis. Organisations responding included local authorities, police organisations, women's groups, religious groups, broadcasters, internet service providers, civil liberties groups and organisations representing the BDSM (Bondage, Dominance, Sadomasochism, Masochism and Mastery) community.

The responses to the consultation varied greatly and a number of key issues and themes were highlighted as a result. The analysis is now complete and will be published shortly. It will be available via the link to the consultation on the Scottish Executive website.

Prostitution

An Expert Group on Prostitution was founded in 2004. The Group's task - spread over a three year period - has been broken into three elements: women involved in street prostitution, to be followed by women involved in 'indoor' prostitution, and then men involved in prostitution.

The first element has been completed and the group produced a report in 2005 entitled "Being Outside: Constructing A Response To Street Prostitution ". The report notes that;

Concern is rising regarding the incidence of prostitution in Scotland, the damage which results to those involved, the harm which can result to the communities affected and the possible association with a range of serious criminal activities, such as drug misuse and people trafficking.
The Scottish Parliament has considered this concern in the context of possible introduction of legally sanctioned 'management zones' - but the Expert Group was set up to examine and advise on all issues relevant to prostitution, rather than just this single aspect.
The Group gathered information and research findings relating to the UK, Europe and other countries comparable to Scotland; examined the current position in the four largest Scottish cities, Aberdeen, Dundee, Edinburgh and Glasgow
There are a number of key common challenges:
- to safeguard women involved in prostitution, reduce the harm they experience, tackle the concurrent behaviours such as drug misuse and help them towards exiting prostitution;
- to protect residential and commercial communities from the effects of soliciting and prostitution;
- to prevent children and young people who may be vulnerable to becoming involved in prostitution from taking that step;
- to influence the attitudes which lead to the abuse of women sexually and physically through street prostitution.
The law should be reviewed with regard to soliciting. The changes would seek to ensure that the law should:
- not criminalise on a moral basis;
- address the imbalance between men and women arising from the present emphasis on the person soliciting, without reference to the potential purchaser of sexual services;
- seek to reduce stigma which attaches disproportionately to the person soliciting as against the potential purchaser;
- minimise the use of imprisonment for women involved in prostitution;
- ensure continued protection to vulnerable groups, including young people and vulnerable adult men and women, from exploitation;
- provide effective protection to the general public from offensive behaviour or conduct;
- avoid any tendency to increase risk to vulnerable people and to communities through unplanned displacement; and
- provide a constructive legal framework to support the achievement of broader strategic obligations for tackling prostitution in Scotland.

As a follow up to the above report, the Executive is currently developing guidance to local authorities on their powers and on how they (and other participants in Community Planning) should address street prostitution more effectively as part of the Community Planning process.

No decision has yet been taken on the format and timetable of work for the next two phases of the review, on indoor prostitution and trafficking.

Under Age Sex

The Scottish Executive has established a Short Life Working Group to look at the recommendations in the Bichard Report and how allegations of under age sexual activity are handled in Scotland and whether there is a need to consider further work.

Violence Against Women

The National Group to Address Violence Against Women commenced in 2004, and has since appointed an Expert Committee on Violence Against Women. The Expert Committee has been tasked with developing a strategic framework within which violence against women issues, including commercial sexual exploitation, can be considered. A draft was submitted to the National Group at its meeting on 16 January 2006, and will be further developed in light of comments made by NG members.

The following excerpt is from the draft VAW framework developed by the Expert Committee and currently being considered by the National Group (copied with permission from chair of the Expert Committee)

"Activities such as pornography, prostitution, stripping, lap dancing, pole dancing, and table dancing are forms of commercial sexual exploitation. These activities have been shown to be harmful for the individual women involved, and have a negative impact on the position of all women through the objectification of women's bodies. This happens irrespective of whether individual women claim success or empowerment from the activity. It is essential to separate sexual activity from exploitative sexual activity. A sexual activity becomes sexual exploitation if it breaches a person's human right to dignity, equality, respect, and physical and mental wellbeing. It becomes commercial sexual exploitation when another person, or group of people, achieves financial gain or advancement through the activity."

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