Meaning of “sexual entertainment venue”E+W
[F12A(1)In this Schedule “sexual entertainment venue” means any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.
(2)In this paragraph “relevant entertainment” means—
(a)any live performance; or
(b)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).
(3)The following are not sexual entertainment venues for the purposes of this Schedule—
(a)sex cinemas and sex shops;
(b)premises at which the provision of relevant entertainment as mentioned in sub-paragraph (1) is such that, at the time in question and including any relevant entertainment which is being so provided at that time—
(i)there have not been more than eleven occasions on which relevant entertainment has been so provided which fall (wholly or partly) within the period of 12 months ending with that time;
(ii)no such occasion has lasted for more than 24 hours; and
(iii)no such occasion has begun within the period of one month beginning with the end of any previous occasion on which relevant entertainment has been so provided (whether or not that previous occasion falls within the 12 month period mentioned in sub-paragraph (i));
(c)premises specified or described in an order made by the relevant national authority.
(4)The relevant national authority may by order amend or repeal sub-paragraph (3)(b).
(5)But no order under sub-paragraph (4) may—
(a)increase the number or length of occasions in any period on which sub-paragraph (3)(b) as originally enacted would permit relevant entertainment to be provided; or
(b)provide for shorter intervals between such occasions.
(6)The relevant national authority may by order provide for descriptions of performances, or of displays of nudity, which are not to be treated as relevant entertainment for the purposes of this Schedule.
(7)Any power of the relevant national authority to make an order under this paragraph—
(a)is exercisable by statutory instrument;
(b)may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and
(c)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.
(8)A statutory instrument containing an order under sub-paragraph (4) may not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(9)A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
(10)A statutory instrument containing an order under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(11)A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12)For the purposes of this paragraph relevant entertainment is provided if, and only if, it is provided, or permitted to be provided, by or on behalf of the organiser.
(13)For the purposes of this Schedule references to the use of any premises as a sexual entertainment venue are to be read as references to their use by the organiser.
(14)In this paragraph—
“audience” includes an audience of one;
“display of nudity” means—
(a)in the case of a woman, exposure of her nipples, pubic area, genitals or anus; and
(b)in the case of a man, exposure of his pubic area, genitals or anus;
“the organiser”, in relation to the provision of relevant entertainment at premises, means any person who is responsible for the organisation or management of—
(a)the relevant entertainment; or
(b)the premises;
“premises” includes any vessel, vehicle or stall but does not include any private dwelling to which the public is not admitted;
“relevant national authority” means—
(a)in relation to England, the Secretary of State; and
(b)in relation to Wales, the Welsh Ministers;
and for the purposes of sub-paragraphs (1) and (2) it does not matter whether the financial gain arises directly or indirectly from the performance or display of nudity.]
Textual Amendments
F1Sch. 3 para. 2A and cross-heading inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(3), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)