Bournemouth, Christchurch, and Poole Council SEV Policy Successfully Challenged in The High Court

Following on from the Sheriff’s Court decision in Edinburgh last week, the High Court has also heard a case in relation to sexual entertainment venues.

The High Court has reversed Bournemouth, Christchurch, and Poole Council’s decision to adopt a policy with no cap on the number of Sexual Entertainment Venue (SEV) licences that may be granted in its area.

Permission to bring the claim for Judicial Review was initially refused, but subsequently allowed by Steyn J.

The Claimant, a local resident, sought Judicial Review on three grounds:

1. That the council failed to take into account consultees’ objections to the policy, particularly ‘sex equality-based concerns’ raised by many such consultees;
2. That the council had breached the Public Sector Equality Duty (PSED) by failing to take into account those objections; and
3. That the ‘Acquired Rights Policy’ (ARP) envisioned by the policy (a presumption towards renewal for existing licensees) amounted to an unlawful fettering of discretion.

The Judicial Review succeeded on grounds (1) and (2) and failed on ground (3).

In relation to ground (1) Mr Justice Choudhury decided that the sex equality-based concerns were not conscientiously taken into account by the council before deciding upon the policy.

On ground (2) Mr Justice Choudhury said "Whilst there was mention of the PSED at various stages, I am not satisfied on the material available that there was rigorous consideration of it with a proper and conscientious focus on the statutory criteria.”

Dismissing ground (3) the Judge concluded that “In my judgment, the ARP does no more than give due weight to the fact that the Existing Licensees had held licences for a number of years. That is perfectly permissible and indeed appropriate."

Mr Justice Choudhury concluded that Ground 3 of the claim failed and should be dismissed.

However, with the claim succeeding on grounds (1) and (2), the Judge concluded: “It follows that the decision to adopt the Policy is quashed”.

A copy of the decision can be found here: https://www.bailii.org/ew/cases/EWHC/Admin/2023/194.html

If you operate an SEV in the relevant area or indeed, anywhere in the UK, and would like to discuss the implications of the decision for your business then please do get in touch.