Edinburgh Nil-Limit SEV Policy Declared Unlawful

A Scottish Court has declared Edinburgh City Council’s decision to implement a “nil-limit” on Sexual Entertainment Venues (SEVs) unlawful following a judicial review brought by the United Sex Workers Union (USW).

USW hopes that the ruling will dissuade local authorities across the UK from imposing outright bans on SEVs.

At the hearing at the Court of Session, Lord Richardson accepted two of the grounds advanced by USW as part of its claim.

The first successful ground was that Edinburgh City Council had misdirected itself by considering irrelevant factors when deciding to impose the nil-limit.

The second successful ground was that the council’s decision to impose a nil-limit constituted a disproportionate interference with the Article 8 (the right to respect for private and family) rights of USW’s members.

Lord Richardson dismissed two further grounds – that the council had failed to comply with its Public Sector Equality Duty and that the decision to impose a nil-limit constituted indirect discrimination.

Commenting on the decision, USW said: “Not only is this a huge win for strippers in Edinburgh, who are no longer facing the prospect of forced mass-unemployment in the middle of a recession, but for the working rights of strippers across Britain” adding “Now [nil-limits] have been found unlawful, we hope this puts an end to local councils imposing strip club bans.”

Edinburgh City Council said that the council would be considering the decision before deciding on its next steps.