Lap dancing clubs: how are they licensed?

Lap dancing clubs in England and Wales

Under schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, any person wishing to operate a sex establishment – a sexual entertainment venue, sex cinema, or a sex shop – requires a sex establishment licence from the local authority.

Section 27 of the Policing and Crime Act 2009 reclassified lap dancing clubs as “sexual entertainment venues” (SEVs) and gave local authorities the power, if they adopted the legislation, to regulate such venues as sex establishments under schedule 3 to the 1982 act. Prior to this, lap dancing clubs were regulated under the Licensing Act 2003. To the extent that it is “entertainment”, lap dancing would fall within the definition given in schedule 1 to the 2003 act as “entertainment similar to dance”.

Concerns were raised that the 2003 act could lead (or had led) to a relaxation of controls on lap dancing clubs because the grounds on which a local authority can refuse a premises licence under the act are constrained by its four licensing objectives, none of which would help in blocking a licence application if the licensee could make a sufficiently strong case that the proposed activity qualified as an “entertainment similar to dance”.

The change introduced through the 2009 act was in response to those concerns. According to Home Office guidance on SEVs (PDF), the reclassification of lap dancing clubs means that local authorities can refuse a licence application on wider grounds than under the 2003 act. It also gives local people a greater say in the licensing process.

The changes came into force in April 2010 in England and May 2010 in Wales. The majority of local authorities are believed to have adopted the legislation.

A sex establishment licence to operate a lap dancing club is granted by the local authority for one year. An application must then be made for its renewal.

Objecting to a licence

It is possible to object to an application for a new licence, or the renewal of an existing one. Objections must be made on the basis that, among other things, a lap dancing club would be “inappropriate” in regard to:

• the character of the relevant locality; or
• the use to which any premises in the vicinity are put; or
• the layout, character or condition of the premises in respect of which the application is made.

A licence application can also be rejected if the local authority considers that the number of lap dancing clubs is equal to or exceeds the number that it considers appropriate for the “relevant locality”.

Objections cannot be made on moral grounds.

Lap dancing clubs in Scotland

Section 76 of the Air Weapons and Licensing (Scotland) Act 2015 amended Part III of the Civic Government (Scotland) Act 1982 to introduce a discretionary licensing framework for lap dancing clubs. This came into force on 26 April 2019 and broadly mirrors the system introduced in England and Wales through the Policing and Crime Act 2009.

The Scottish Government has published guidance for local authorities (PDF)(March 2019).