Policing and Crime Bill

Alas, alas. Noble Lords have made a number of interesting points. The noble Baroness, Lady Miller, suggested that we are using the wrong term by using the term "lap dancing" at all. In that case, what is the Lap Dancing Association doing about it, given that it has chosen to call itself the Lap Dancing Association—an association that represents the owners of these establishments? I suggest that lap dancing, which covers pole dancing and other similar activities, is not an inappropriate name in itself. As the noble Baroness says, the amendments in the group seek something of the same end. Amendment 83 reflects concerns about the term "sex encounter venue". If it were accepted, sex encounter venues would not fall under the definition of a sex establishment under the 1982 Act. There is, however, no requirement in the clause for a lap dancing establishment to call itself a sex encounter venue. If it chose to advertise itself as such when it did not provide that, trade descriptions legislation might be a better way of dealing with that. In truth, this is how they are described in licensing terms, not how they are described in public relations or advertising terms. The point has been made that the word "encounter" could give the impression that lap dancing clubs and similar venues offer sex for sale and by implication stigmatise those who work at such venues. We take this concern seriously. We are aware of our responsibility to those who are employed in the industry not to represent unfairly them and the work that they do. However, we believe that the term "sex encounter" accurately reflects the nature of the entertainment that is provided. We do not accept that the impression is given, or that it will be reasonably assumed, that sex is for sale, particularly as we do not require the term "sex encounter" to be used publicly by the establishment that is so licensed. We also think that "adult entertainment" would be an inappropriate name as it is not clear, despite what the noble Baroness, Lady Howe, says, that it could apply only to venues that provide entertainment with a sexual content. Other forms of entertainment, such as horror films, have been called adult entertainment, without any obvious sexual content at all. We are looking at what Clause 26 attempts to target. The definition of "relevant entertainment" is clearly that, to qualify as a sex encounter venue, the entertainment must be, ""any live performance; or … any live display of nudity; which is of such a nature that … it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience"." Where that definition does not apply, such venues will not be classed as sex encounter venues. The definition does not suggest that these are premises where sex is being sold, as criminal law rather than licensing law steps in to deal with those establishments. The noble Viscount, Lord Bridgeman, made the plea that we should not use the term "sex encounter". He is much senior to me both in experience and wisdom, and can probably recall the term being brought into effect in 1986 by a Government who are familiar to Members on the Benches opposite. It has been used to define venues such as peep shows in London since 1986. Again, these are not places where sex is for sale, but they are described in legislation as sex encounter venues. I therefore think that I have explained clearly why the Government believe that the existing name is appropriate for the purpose of regulating lap dancing clubs, and I hope that the noble Lords will not press their amendments.