Successful Legal Challenge To Lap Dance Licence

A successful judgment was given yesterday in a case where residents in Durham challenged a decision to grant a licence for a lap dancing club in the city.

A successful judgment was given yesterday in a case where residents in Durham challenged a decision to grant a licence for a lap dancing club in the city. Kirsty Thomas, Dr Desmond Evans and many others were appealing a decision made by Durham City Council in August 2007 on the basis that the lap dancing club would fail to promote public safety, would add to the already high levels of nuisance and disorder along North Road, and would harm children both morally and psychologically.

On 6^th and 7^th December, witnesses gave evidence about how the lap dancing activities would harm the moral and psychological welfare of children who pass the club on their way to the bus stop, and would prevent large numbers of the public from feeling safe as they walked along North Road. Residents were also concerned that the already troubled North Road area would deteriorate further following the introduction of this type of sexual entertainment.

When considering an application for a licence, Durham City Council’s licensing authority must promote several licensing objectives which include preventing crime and disorder, promoting public safety, preventing public nuisance and protecting children from harm. Barrister Ian Miller successfully argued that, taking into account evidence about the current problems in the North Road area of Durham, and the risks created if the decision to grant a licence was upheld, the licensing authority had breached its duty to promote these objectives. By facilitating lap dancing at the club, crime and disorder would increase, public safety would be endangered and, most importantly, children would be morally and psychologically harmed.

Vimac applied for judicial review after receiving the decision of the Magistrates court in December 2007. In June 2008 Sir George Newman issued a decision on paper, once again refusing the licence to Vimac. Although Vimac had the opportunity to file for a full court decision, the time window in which they could have lodged a complaint passed on 7^th July 2008 and so the case has officially closed. Vimac will not be able to open its lap dancing club. We thank God for this victory.

Copy of the Magistrates' findings

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