A published sexual entertainment policy statement will provide local communities with a clear indication of the local authority's policy and examples of licensing conditions, along with enforcement details. The policy should also demonstrate how the local authority intends to help protect the safety and wellbeing of performers, customers and the wider public.
The provisions of the Act which relate to the licensing of sexual entertainment venues SEV come into force on [ Date to be agreed]. However this is not a mandatory licensing regime and it will be for local authorities to determine whether they wish to licence SEVwhether to limit their numbers and to determine licence applications.
When doing so local authorities will need to consider the implications, opportunities and risks Sexual license definition their decisions. We would envisage that SEV licences may be required in some areas from [ Date to be agreed]. These provisions establish a specific licensing regime for the regulation of SEV and allow for greater local control over the provision of such venues.
While this guidance is primarily in respect of the SEV licensing regime, it also includes details at paragraphs of the repeal of the existing mandatory licensing regime for theatrical performances under section 12 of the Theatre Act and the ability of local authorities to licence theatres Sexual license definition the more flexible public entertainment licence requirements contained within the Act.
To allay concerns raised, it is worth emphasising that theatrical performances will not fall under the provisions for SEV. Information in respect of both SEV and the theatre provisions is provided at: This guidance also makes reference to the Licensing Scotland Act the Act which provides a licensing regime for the sale of alcohol. The Act, and the Act provide for a variety of different licences, and it is possible that the same Sexual license definition may require more than one licence.
Care should therefore be taken to ensure that the requirement to obtain a licence and any exemptions from the requirement to obtain a licence are carefully considered. The Act sets out that civic licensing decisions are the responsibility of the licensing authority, a committee made up of locally elected councillors. The Act provides that liquor licensing decisions are the responsibility of the local Licensing Board. These terms are used throughout this guidance. In practice the relevant committees may be known by different names, or different licensing regimes may be covered by the same local authority committee.
Where different committees are involved in the licensing of the same business, then it can be useful to co-ordinate in relation to the setting of licence conditions etc. Where a local authority opts to licence SEV within its area, the provisions at section 45A of the Act require a licence for premises operated as SEV where the sexual entertainment is performed live, is for the direct or "Sexual license definition" financial benefit of the organiser and is for the sole or principal purpose of sexual stimulation of members of the audience.
However, premises where sexual entertainment is provided on no more than 4 occasions in a twelve Sexual license definition period are not to be treated as SEV. The Licensing of sexual entertainment venues: The following link shows the passage of the Air Weapons and Licensing Scotland Bill through the Scottish Parliament, and includes further documentation that may be of interest including the Explanatory Notes and Policy memorandum: Section 45B 7 of the Act requires that, in carrying out its functions, a local authority must have regard to guidance issued by Ministers.
This non-statutory guidance is intended Sexual license definition assist local authorities, but other parties such as the Police, venue operators, relevant organisations and performers may also find it useful. The guidance should be read in conjunction with the relevant legislation, particularly Part III and Schedule 2 of the Act and the relevant accompanying documents for the Air Weapons "Sexual license definition" Licensing Scotland Act This guidance however should be seen as a replacement for independent legal advice.
On 24 Marchprevious Scottish Ministers set up a Working Group on Adult Entertainment to review the scope and impact of adult entertainment activity and make recommendations on the way forward. This followed concerns expressed about the lack of controls on adult entertainment activity. The Group  made a number of recommendations aimed at improving standards in the industry, ensuring the safety of performers and Sexual license definition, regulating the impact on the locality, improving local accountability and control and ensuring that there was no inadvertent impact on artistic freedoms.
At that time, "Sexual license definition" was felt that, as SEV also sold alcohol and therefore required alcohol licences, it was best left to local licensing boards to regulate adult entertainment via the existing licensing regime for alcohol. In Sandra White MSP introduced amendments to provide for a specific system of licensing for "Sexual license definition" entertainment which were considered by the Scottish Parliament as part of its scrutiny of the Criminal Justice and Licensing Bill at Stages 2 and 3.
The proposed provisions broadly mirrored those that had been introduced in England and Wales in section 27 of the Policing and Crime Act While the Scottish Government supported the proposals, Parliament rejected them due to concerns about the effect of operating a dual licensing system and concerns about the lack of opportunity to fully consider the proposals.
As a result, Scottish Ministers considered that a specific licensing regime for SEV was Sexual license definition best solution for Sexual license definition regulation of the industry and to remove uncertainty around attempting to regulate under alcohol licensing matters that go beyond the remit of that regime.
A consultation was published in June  the consultation inviting views on the establishment of a licensing regime based on the draft provisions that Ms White had proposed in Section 76 of the Act amends the Act to provide for this.
In response to the consultation there was wide support for the principle of a new licensing regime including from local authorities, Police, violence against woman and gender groups. However, some concerns were raised that licensing SEV encouraged unhealthy attitudes to women and therefore damaged society as a whole.
The Scottish Government accepts the freedom of adults to engage in legal activities and employment. However, it will continue to promote, through all relevant means, gender equality and actions that tackle out-dated attitudes that denigrate or objectify particular groups or individuals.
Scotland's strategy for preventing and eradicating violence against women and girls  was first published in and updated in It sets out a definition of violence against women and girls which includes 'commercial sexual exploitation, including prostitution, lap dancing, pornography and human trafficking'.
Whilst recognising the conflict between this definition and the licensing of sexual entertainment venues this guidance will help to ensure that such activities take place in safe and regulated environments. When deciding whether to licence, and whether to limit, SEV in their area local authorities will need to consider the interaction with their own local policies and strategies, as well as the legal implications to minimise the risk of legal challenge.
Equally Safe's aim is to work collaboratively with key partners across all sectors to prevent and eradicate all forms of violence against women and girls and the attitudes which them.
It sets out "Sexual license definition" Scottish Government's strategy to work with partners to make Scotland a more hostile place for human trafficking. The aims of the strategy are to identify victims and support them to safety and recovery; identify perpetrators and disrupt their activity; and address the conditions that foster trafficking and exploitation.
In developing the licensing regime care has therefore been Sexual license definition to balance individual freedom of choice with the right of local authorities to exercise appropriate control and regulation of SEV that operate within their areas. Ministers consider that local authorities are best placed to reflect the views of the communities they serve and to determine whether sexual entertainment establishments should be licensed within their areas and if so, under what conditions.
A local authority licensing SEV will have to publish a SEV policy statement, developed in consultation with relevant interest groups including violence against women partnerships which will provide local communities with a clear indication of the local authority's policy.
Where a SEV is approved, licensing conditions, along with enforcement, will help reduce the risk of criminality such as prostitution and human trafficking; and help protect the safety and wellbeing
Sexual license definition performers, customers and the wider public. The community should, in turn, benefit from a safe, regulated environment.
This is a complex area and local authorities will have to consider the local circumstances and balance the legal obligations of legislation including, but not limited to, the EU Services Directive, the Regulatory Reform Scotland Act with the needs of their communities to mitigate the risks of legal challenge and any rights SEV operators may have particularly under Article 1, Protocol 1 of the European Convention of Human Rights entitles every person to the peaceful enjoyment of their possessions and Article 10 freedom of expression.
Section 76 of the Act introduces a licensing regime for SEV. It achieves that by amending the existing licensing scheme for sex shops provided for in Part III and Schedule 2 of the Act so that the provisions, with necessary modification, also apply to SEV. It is however not mandatory for a local authority Sexual license definition licence SEV. When deciding whether to licence SEVlocal authorities should consider the legal complexities
Sexual license definition introduces and ensure they are able to mitigate the risks of legal challenge to an acceptable level.
Where a local authority decides to licence SEVsection 45B of the Act, requires the local authority to pass a resolution in order for SEV licensing to have effect in their area.
In considering whether to pass a resolution a local authority should consider whether they will wish to control SEV s either now or in the future. If there is no resolution in place, then no licence is required to operate an SEV. It may therefore be appropriate to determine a resolution even where there are no current SEV in operation if the local authority considers that it is likely to be thought that it would be inappropriate for any SEV to operate in its area in the future.
In considering whether to pass a resolution to licence "Sexual license definition"local authorities may wish to look carefully at their localities and consider a range of issues such as:. Local authorities have extensive experience of engaging with local people and will know what works best in their individual areas and may wish, as a matter of good practice, to seek the views of local people and businesses prior to deciding whether to pass a resolution. In doing so, local authorities may wish to make any relevant information available to local people in order to inform their understanding.
Local Sexual license definition may also wish to engage with known SEV as soon as a decision has been made, to ensure that they are aware of what action they will need to Sexual license definition, and to seek input from the local Police Scotland human trafficking champion or the Human Trafficking Unit at Gartcosh.
In considering whether to pass a resolution to licence SEVlocal authorities must also have cognisance of other relevant legislation such as the EU Services Directive, the Regulatory Sexual license definition Scotland Act and any rights SEV operators may have particularly under Article 1, Protocol 1 of the European Convention of Human Rights entitles every person to the peaceful enjoyment of their possessions and Article 10 freedom of expression. Local authorities should consider whether the decision is proportionate and justifiable.
If licensing SEVa local authority must determine, from time to time, the number of SEV that they consider appropriate for their area and each relevant locality. Nil may be considered the appropriate number. The determination should be publicised.
Further guidance on what a local authority Sexual license definition wish to consider in determining numbers and localities is provided below in relation to developing the policy statement. Where a local authority passes a resolution, it must specify a date from when it is to take effect in their area.
This must be at least one year from the date the resolution is passed. The local authority must also publish notice that they have passed a resolution not less than 28 days prior to the date the resolution is to take effect. Sexual license definition notice must state the general effect of the licensing procedure and provisions at Schedule 2 of the Act, as modified for SEVand be published either electronically or in a local newspaper.
Section 45C of the Act requires that where a local authority has passed a resolution under section 45B 1 that a licensing regime for SEV will
Sexual license definition effect in their area, they will then be required to prepare and publish a sexual entertainment venue policy statement.
The statement of policy should set out and justify the position of the local authority with regards to licensing SEV and should support local authorities should they face any legal challenges. The policy statement should
Sexual license definition details of the impact a local authority considers the licensing of SEV will have in its area.
Section 45C 3 of the Act states:. For the purposes of the section, "children" are defined as persons under the age of 16 and "young people" as persons aged 16 or Policy statements should be published at the same time and in the same manner as the notice of resolution is published i.
The policy statement should provide local communities with a clear indication of the local authority's policy and must be consistent with the licensing "Sexual license definition" and procedures set out in the Act as amended. The statement might include information on where the local authority is likely to consider to be appropriate or inappropriate locations for SEV and indicate how many SEV are considered to be appropriate for a particular locality in its area along with explaining the reasons behind this.
In developing the statement, local authorities may also wish to take account of whether any sexual entertainment venues are already operating in its area under the existing regime for alcohol licensing and, if so, whether they wish to continue to licence the same number of venues as are currently operating.
The local authority may wish to reflect on whether reducing the number of venues, or setting the number at zero, in their area will have a disproportionate effect on business and on whether they may leave themselves open to legal challenges e. Where there are currently no sexual entertainment venues operating, a local Sexual license definition may wish to consider if there may be benefit in making a resolution to give effect to the licensing regime even where it considers that the number should be set at zero.
In setting the number at zero, a local authority should be able to demonstrate proportionality by evidencing that the competing interests of individuals alongside those of Sexual license definition community had been fairly considered and appropriately balanced. In developing the policy statement, we consider it best practice for local authorities to consult with persons with an interest and this should include organisations such as violence against women partnerships, child protection committees Sexual license definition community councils.
In exercising any functions in relation to the licensing of SEVthe local authority is required to have regard to their SEV licensing policy statement. It is also required, from time to time, to review the policy statement, revise it as appropriate and publish the revised statement.
We suggest that it may be best practice to align the review of both the resolution and the policy statement. However it will be for individual local authorities to determine the timeframe for undertaking the reviews required. Under paragraph 9 of Schedule 2 to the Act local authorities have a power to impose reasonable licence conditions.