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What lessons can a licensing committee learn from the case of R (on the application of) v Cheshire West and Chester Borough Council [2014] EWHC 1187 (Admin)?

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Published on LexisPSL on 12/01/2016

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  • What lessons can a licensing committee learn from the case of R (on the application of) v Cheshire West and Chester Borough Council [2014] EWHC 1187 (Admin)?

What lessons can a licensing committee learn from the case of R (on the application of) v Cheshire West and Chester Borough Council [2014] EWHC 1187 (Admin)?

The case of Bridgerow Ltd, R (on the application of) v Cheshire West and Chester Borough Council [2014] EWHC 1187 (Admin) arose after the local authority of Chester refused to renew the licence for a lap dancing venue named Platinum Lounge.

Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), as amended by section 27 of the Policing and Crime Act 2009 (PCA 2009), introduced a new category of sex establishment called a 'sexual entertainment venue', in addition to the existing categories of 'sex shop' and 'sex cinema'. Sex establishments are defined by LG(MP)A 1982, Sch 2. There are four categories of sex establishments:

  1. sex shops

  2. sex cinemas

  3. sexual entertainment venues

  4. hostess bars

Each category of licensed premises permits the following activities: sexual entertainment venues (SEVs)—to provide sexual entertainment, eg lap dancing, peep show, live sex show, strip show, to a live audience for financial gain of the organiser or the entertainer.

LG(MP)A 1982, Sch 3 empowers a council to licence these premises. The licence application requirements are set out in LG(MP)A 1982, Sch 3, para 10. When considering applications in relation to a licence for a sex shop the authority may take all matters into account, including

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