Policing and Crime Bill

With some relief we move on to a slightly different aspect. Before we start on Clause 26, I would like to proffer an alternative to what is being proposed in this legislation. I tabled Amendment 82A to probe exactly what the Government are seeking to do through Clause 26 and to explore whether their concerns with the current legislation cannot be met through the Licensing Act 2003. As I understand it, the motivation for Clause 26 and the associated schedule is to address the understandable concern that local authorities and licensing authorities do not have the means available to refuse licence applications or modifications that allow adult entertainment. Quite rightly, the Government are seeking to give local residents a powerful voice in raising concerns about the establishment of lap-dancing clubs on their doorstep, and we continue to support that. We believe that residents have a strong role in this. There are many reasons to be concerned about lap-dancing clubs, and I have great sympathy with the organisations which have worked so hard to highlight examples of exploitation within that industry and sought to protect the women working in it. It is also clear that many people have understandable moral qualms about the sort of behaviour that such clubs are reputed to encourage and are worried about behaviour spilling out beyond their four walls. As my amendment indicates, I do not believe that we need to use a 25 year-old piece of legislation to achieve a reduction in this. By my reading, the Licensing Act’s objectives are more than adequate to deal with the concerns. If they are not, there is already the precedent of the mandatory conditions for certain licences within it to fill the gaps. My proposed new subsection (4) quotes liberally from guidance to the Licensing Act issued by the Government. It makes clear that the licensing objectives of preventing public nuisance or protecting children from harm are directly relevant to the concerns that have been raised. If there is evidence that having a lap-dancing club near a school or college leads to harassment of the pupils or students, why is that not already taken into account under the protection of children from physical, moral and psychological harm? If a new lap-dancing club would cause an unwelcome change in the tone of a residential area, why is the licensing authority not taking account of the reduction in the living amenity of interested parties in the vicinity? Local residents may find themselves unable to raise their concerns about a licence application. This appears to be the case from the debates in another place. I strongly encourage the Minister to bring forward amendments to the Licensing Act to address this. Nothing in that Act was intended to exclude residents’ or local organisations’ voices, so it is clear there is a wider problem. I would be very glad to work with the Minister to improve this part of the Bill, although there might be some concerns about scope and departmental responsibility because this would straddle out of our area. Another useful part of the Government’s guidance was the detailed chapter on cumulative impact, which I have incorporated into my proposed new subsection (3). Licensing authorities are already allowed to establish a special policy around an area where they feel the number of licences being applied for is giving rise to an unwelcome cumulative impact. This is obviously relevant in areas where there is a growth of clubs or bars. There is no reason why it should not be applicable to lap-dancing clubs, too. The development of an area into a quasi red-light district, if that is what is being expected, is obviously one the licensing authority should have the power to control. This is a problem the Government are trying to address through the use of quotas for the licensing of lap dancing. We will come to the quotas in more detail later. In the mean time, does the Minister not accept that the cumulative impact guidance already given to licensing authorities gives them the power to refuse applications when they contribute to a negative cumulative impact? We turn to the code of conduct. So far the parts of my proposed new clause that I have discussed are merely explanations and clarifications of the existing law. Licensing authorities are already actively encouraged by the Government to interpret the provisions this way. Proposed new subsection (5) in my amendment describes the one area where I feel that the Licensing Act may be deficient in protecting against inappropriate adult entertainment—or adult entertainment in general, because it may not be inappropriate. In speaking to outside groups on the matter, it became clear that although some premises licences specifically cover adult entertainment and include a number of safeguards and restrictions, others did not mention it at all, and it became permissible almost by accident. That is clearly not desirable, so I have inserted a new mandatory condition following the precedent of the licences that permit alcohol to be sold or films to be shown. A mandatory condition would ensure that adult entertainment is properly regulated with a binding code of conduct. In that way, the valid concerns about the exploitation of workers and the behaviour of customers and performers can be met through those representations. Much of subsection (3) of my proposed new section, for example, is taken directly from the Local Government Act 1982. The criteria seem entirely appropriate in that regard and would be a useful addition to the Licensing Act. It allows for local premises such as schools or charities to be taken into account, as well as controlling the outward appearance of the club, thus adding to existing legislation on indecency and obscenity. There are a great many advantages to using the Licensing Act, rather than proceeding to introduce a lot more cumbersome legislation. The following groups of amendments that we have proposed go into much more detail about our concern with the provisions as drafted, so this is an alternative to the rest. My amendment is an attempt to find a consistent, clear and easily understandable way forward to address valid concerns. I declare my interest as a member of a local authority, although I am not on the licensing committee so I would not be involved. I will be interested to hear from the Minister why this approach was not considered or preferred before the Bill was proposed. I beg to move.