Explanatory note

This Order repeals provisions of a number of local Acts as a result of the coming into force of section 27 (lap dancing and other sexual entertainment venues) of the Policing and Crime Act 2009 (the “2009 Act”).

Article 2 repeals section 12 of the Greater London Council (General Powers) Act 1986 (the “1986 Act”) which requires sex encounter establishments to be licensed as sex establishments under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (the “1982 Act”) in London borough councils which have resolved to adopt these provisions. This category is replaced by sexual entertainment venues save in areas where section 12 of the 1986 Act is in force and the local authority has not yet adopted the amendments to Schedule 3 to the 1982 Act made by section 27 by resolution under paragraph 2(2) of Schedule 3 to the 2009 Act. It also provides for premises with a sex encounter establishment licence immediately before Schedule 3 to the 1982 Act as amended by section 27 comes into force in the area to continue to operate by deeming the licence to be a licence for a sexual entertainment venue.

Article 3 makes amendments to section 22 of the London Local Authorities Act 2004 in areas where a local authority has resolved to adopt Schedule 3 to the 1982 Act as amended by section 27 of the 2009 Act. In particular, the amendments mean that it will not be an offence to solicit persons, or to permit the soliciting of persons, to attend premises which are licensed as sexual entertainment venues (or where the requirement for such a licence has been waived), in contrast to other types of sex establishment.

Article 4 makes further consequential amendments to section 33 of the London Local Authorities Act 2007 which relates to the regulation of hostess bars. Specifically, it will allow London borough councils to continue to adopt the provisions in that section by resolution.