Exempt premises?

It’s nearly time for the Cheltenham Race Week. This means that are selection of pubs and clubs will be putting on lap dance or striptease with a view to cashing in on the increased number of punters in town. These will be subject to close scrutiny noting that in previous years some of the premises which have applied for waivers to put on such entertainment have broken conditions.

see: http://www.thisisgloucestershire.co.uk/Warning-shot-nightclubs-Cheltenham-lap-dancing/story-18331940-detail/story.html#axzz2Mm7D9pvm

What I found interesting in the media version of this story is that they report “Current licensing rules mean anyone wanting to host lap dances for longer than 24 hours per month now has to apply for a permanent sexual entertainment licence”.

This isn’t quite the case, as guidance from the Home Office (2010) note that exempt premises include “premises which provide relevant entertainment on an infrequent basis. These are defined as premises where- a) no relevant entertainment has been provided on more than 11 occasions within a 12 month period; b) no such occasion has begun within a period of one month beginning with the end of the previous occasions; and c) no such occasion has lasted longer than 24 hours”

The key point here is surely that it is necessary to apply for a license should you want to host striptease on more than one occasion per month, irrespective of whether it lasts one hour or twenty four. Simply having striptease for an hour a night during the Cheltenham Festival would make clubs liable to seek an SEV license, a point lost by arguing the activity has to occur for more than 24 hours.




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