On 14th July 2011. Southampton City Council’s Licensing Committee resolved to authorise officers to consult on the adoption of the part of schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 which relate to the licensing of sexual entertainment venues. Public notice of the consultation was given in the Southern Daily Echo on Tuesday 22nd November 2011.
Definitions
The legislation defines a sexual entertainment venue as being:
“Any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer”.
“Relevant entertainment” is any live performance or any live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
The following are not sexual entertainment venues for the purposes of the legislation:
sex cinemas and sex shops;
premises at which the provision of relevant entertainment has not taken place:
on more than eleven occasions in the past 12 months; and
on such occasions has not lasted for more than 24 hours; and
on such occasions has not begun within the period of one month beginning with the end of any previous occasion
Existing venues providing sexual entertainment
There are currently three venues in Southampton which regularly offer sexual entertainment (described as pole and table dancing) to customers. All have a strict over 18 policy on admission.
They are:
For Your Eyes Only, 135 - 136 High Street
Aqua: Lounge, 188 Above Bar Street
Original Sin, Leisureworld, West Quay Road
All are fully licensed under the Licensing Act 2003 for the sale of alcohol, regulated entertainment, and late night refreshment and have licence conditions consistent with all their licensable activities.
Transitional period
If Southampton City Council decides to adopt the provisions, there is a years’ transitional period. The council would set a “first appointed day” on which the regime would come into force in its area. Any applications in respect of existing and new premises would need to be made before the “second appointed day” (six months later) and all applications for existing premises would need to be determined before any new applications. After the “third appointed day” (six months after the second appointed day) the regime, and any licences granted, would be fully in force.
The Home Office has issued guidance on the legislation which is designed to answer most questions about the intent and operation of the legislative framework - please see link below.
How to take part in the consultation
Anyone who wishes to comment on whether the Council should adopt the provisions should put their comments in writing giving their name and address, to:
licensing.policy@southampton.gov.uk
or by post to:
The Licensing Team
Southampton City Council
PO Box 1344
Southampton
SO15 1WQ
Please note that all comments will be treated as being in the public domain and may be published as part of the decision making process.
Closing date
The closing date for this consultation is 20th December 2011.
Southampton City Council
