Scotland - Sexual Entertainment Venues
2015
The Air Weapons and Licensing (Scotland) Bill, which included for the licensing of Sexual Entertainment Venues (SEV), has continued it passage through the Scottish Parliamentary Process.
In evidence to the Local Government Committee on the 18th February Government Minister Michal Matheson (Cabinet Secretary for Justice) gave reassurances to the Committee regarding what would and would not be permissible under the proposed SEV regime.
In answer to specific concerns that the new regime may inhibit or prevent performances in a theatre or at the Edinburgh Festival which contain nudity or explore issues such as pornography, the Minister confirmed that Guidance would be published to assist and guide authorities.
Under the current proposals any live performance or display of nudity (which is anatomically defined) may require the premises to hold an SEV licence. As with the equivalent legislation already in force in many areas of England & Wales, the nature of the performance is critical. The principal purpose must be to sexually stimulate audience members in order to qualify.
If the performance has a difference principal purpose e.g. an exploration of the issues surrounding pornography, it could be argued that the performance is exempt from the SEV requirement. Genuine performances in England & Wales do not appear to be inhibited by the legislation which has taken effect in areas which adopted the provisions since 2011. Not all areas have chosen to adopt the new powers.
Of more significance, the Minister reaffirmed the power this Act would give to Local Authorities to potentially limit the number of SEV venues in their area, in theory a figure of zero may be justifiable.
Again, by way of comparison some Authorities in England & Wales have chosen zero as the appropriate figure, in other areas the number has been restricted leading to the closure of existing operators, we previously reviewed the case of Leeds. Scottish Operators or adult entertainment venues will not be comforted by the talk of zero caps.
If you think you may be an effected business and wish to discuss the potential impact of the proposed legislation please call us, we would be happy to discuss the issue in more detail with you.
We shall keep you informed.