Plymouth club owner fined for not preventing touching…

From a Devon & Cornwall police press release concerning the licensee of the club Divas (licensed under the 2003 Licensing Act not 2009 Policing and Crime Act):

Licensees are warned following the conviction of Tony Bowman for knowingly allowing licensable activity to take place in breach of the conditions of the premises licence during a trial at Plymouth Magistrates Court.

The case centred on the operation of the Divas Lap Dancing Club during 2011 up until the premises licence was revoked by Plymouth City Council Licensing Sub-Committee in January 2012.

Evidence obtained by the police following a Licensed Premises visit identified that there were systemic breaches of the conditions under which the Licence authorised the performance of dances.

In total the Designated Premises Supervisor was convicted of 52 separate licensable activities outside the authorisation of the premises licence on selected dates between the 11th September 2011 and 10th December 2011.

The offences centred around a condition on the premises licence which prohibited ‘Any form of Physical contact between the customer and the dancer…’

Acting Inspector Martin Worthington of Force Alcohol Licensing and Crime Reduction Team said:

“This is not the first time an adult entertainment establishment has fallen foul of conditions prohibiting physical contact between dancers and customers. We work in partnership with Licensees to ensure that business operate so as to promote the licensing objectives. We make regular checks to ensure that all licence holders adhere to the conditions of the premises licence and where appropriate the police Local Authority and other responsible authorities are prepared to take further action to ensure these standards are maintained including utilsing the Criminal Justice System where appropriate.

“In this particular case it was quite apparent that the Designated Premises Supervisor turned a wilfull blind eye to the requirements of the premises licence and as a consequence has now lost his reputation and has lost his personal licence.

“It remains the responsibility of all premises licence holders, designated premises supervisors and managers to ensure that the premises licence is complied with at all times.”

Mr Bowman was sentenced to an £800 fine, £620 costs and £15 victim surcharge including the forfeiture of his personal licence.
Since this date the regulation of Adult Entertainment in Plymouth has fallen under the Sexual Entertainment Venue Licensing regime under the Local Government Miscellaneous Provisions Act 1982, although other licensable activities continue to be licensed under the Licensing Act 2003 including the retail sale of alcohol and other regulated entertainment.

from: http://www.devon-cornwall.police.uk/NewsAppeals/14359
Release date: 12/06/2013 17:56

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