Search Legislation

Policing and Crime Act 2009

Changes to legislation:

There are currently no known outstanding effects for the Policing and Crime Act 2009, Section 27. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

27Regulation of lap dancing and other sexual entertainment venues etcE+W

This section has no associated Explanatory Notes

(1)Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) is amended as follows.

(2)In paragraph 2 (meaning of “sex establishment”) after “means a” insert “ sexual entertainment venue, ”.

(3)After paragraph 2 insert—

2AMeaning of “sexual entertainment venue”

(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.

(4)In paragraph 9(1) (duration of licence) after “paragraph 16” insert “ or 27A below ”.

(5)In paragraph 12(3) (refusal of licences) for paragraph (c) substitute—

(c)that the number of sex establishments, or of sex establishments of a particular kind, in the relevant locality at the time the application is determined is equal to or exceeds the number which the authority consider is appropriate for that locality;.

(6)In paragraph 13 (power to prescribe standard conditions)—

(a)in sub-paragraph (2)(a) after “for” insert “ sexual entertainment venues, ”,

(b)in sub-paragraph (2)(b) after “of” insert “ sexual entertainment venues, ”, and

(c)in sub-paragraph (3) for paragraph (d) (as originally enacted) substitute—

(d)any change from one kind of sex establishment mentioned in sub-paragraph (2)(a) above to another kind of sex establishment so mentioned.

(7)In paragraph 19 (fees in relation to applications) after “grant,” insert “ variation, ”.

(8)After paragraph 25 (powers of constables and local authority officers) insert—

25A(1)A person acting under the authority of a warrant under paragraph 25(4) may seize and remove anything found on the premises concerned that the person reasonably believes could be forfeited under sub-paragraph (4).

(2)The person who, immediately before the seizure, had custody or control of anything seized under sub-paragraph (1) may request any authorised officer of a local authority who seized it to provide a record of what was seized.

(3)The authorised officer must provide the record within a reasonable time of the request being made.

(4)The court by or before which a person is convicted of an offence under paragraph 20 or 23 of this Schedule may order anything—

(a)produced to the court; and

(b)shown to the satisfaction of the court to relate to the offence;

to be forfeited and dealt with in such manner as the court may order.

(5)But the court may not order the forfeiture of anything under sub-paragraph (4) if it (whether alone or taken together with other things being forfeited which appear to the court to have been in the custody or control of the same person) is worth more than the amount of the maximum fine specified in paragraph 22(1).

(6)Sub-paragraph (7) applies if a person claiming to be the owner of, or otherwise interested in, anything that may be forfeited applies to be heard by the court.

(7)The court may not order the forfeiture unless the person has had an opportunity to show why the order should not be made.

(9)After paragraph 27(10) (appeals) insert—

(10A)Sub-paragraph (10) does not apply if the grounds for refusing an application for the renewal of a licence are those set out in paragraph 12(3)(c) or (d) of this Schedule.

(10)After paragraph 27 (appeals) insert—

27APremises which are deemed sexual entertainment venues

(1)This paragraph applies if—

(a)premises are subject to a licence for a sexual entertainment venue; and

(b)their use would be use as such a venue but for the operation of paragraph 2A(3)(b).

(2)This Schedule applies as if—

(a)the premises were a sexual entertainment venue; and

(b)the use or business of the premises was use as, or the business of, such a venue.

(3)But the appropriate authority must cancel the licence if the holder of the licence asks them in writing to do so.

(4)In this paragraph “premises” has the same meaning as in paragraph 2A.

(11)Schedule 3 (provisions which are transitional on this section) has effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 27(1)-(10) in force at 6.4.2010 for E. by S.I. 2010/722, art. 3(a) (with arts. 4-12)

I2S. 27(1)-(10) in force at 8.5.2010 for W. by S.I. 2010/1375, art. 3(a)

I3S. 27(11) in force at 2.3.2010 for specified purposes for E. by S.I. 2010/507, art. 2(1)(a)(2)

I4S. 27(11) in force at 6.4.2010 in force for E. in so far as not already in force by S.I. 2010/722, art. 3(a) (with arts. 4-12)

I5S. 27(11) in force at 1.5.2010 for specified purposes for W. by S.I. 2010/1375, art. 2(a)

I6S. 27(11) in force at 8.5.2010 in force for W. in so far as not already in force by S.I. 2010/1375, art. 3(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources