Club uses loophole to avoid contact ban
| Posted: September 30, 2009
Divas
A LAP dancing bar is exploiting a legal loophole to allow its dancers to have physical contact with their customers, the Newquay Guardian has learned.
Divas Lap Dancing Bar, in Gover Lane, is using the ambiguous terms of their premises licence to allow contact between dancers and customers to continue.
The club was slapped with tough new operating conditions at a court hearing earlier this month – including the three foot rule, which prevents dancers from going within 36 inches of their clientele.
However, these terms only require the three foot distance to be maintained during a private performance, it has been discovered.
Private performance
During a visit to Divas on Saturday night, the Newquay Guardian was told by Divas owner Alan Whitehead: "The three foot rule only applies during a private performance and not in the rest of the club.
"When the girls are not doing a private performance they are free to go and sit on a guy's lap – they are not breaking any rules."
The hearing at Liskeard Magistrates' Court in September saw Divas and their legal team lose out to Cornwall Council. The court appeal hearing had taken 11 months to get to court, after Restormel Borough Council originally imposed new conditions on the club, following a review.
Despite volunteering 12 operating conditions, Divas disputed the 'three foot rule', which stated: "There shall be no physical contact between the customer and dancer during their performance."
Mr Whitehead said that despite using the judgement to their advantage, he and his legal representatives planned to fight the court's decision.
"We intend to fight this as a mis-trial," he said.
Divas argued at the hearing that clubs which operate under the three foot rule usually fail.
In a statement, Cornwall Council confirmed that Divas were operating within the law.
Legal advice
"The council were informed by the solicitor acting for Divas that they had obtained legal advice relating to the condition that was upheld by the court.
"It is true that the condition does require that during the performance the performer will keep a minimum distance of three feet away from the customer. It was suggested that this is expressly limited to "during the performance".
The Council has also obtained its own independent legal advice in response to this suggestion.
"Having sought advice, the council agrees that the three foot rule only applies during the performances.
"The Police have been advised of this position and if they are of the opinion that the operation of the premises is undermining the licensing objectives then there is provision in the Licensing Act 2003 to apply for a review of the licence.
"Any application for review requires a hearing at which the relevant premises will be able to respond to the application in order that the Council can determine the review application."
Comments
OMG I read this and wet myself. I can think of some blokes who'd pay good money to be slapped with a three foot rule. LOL
Thou I have never been to this place in Newquay I was got to talking to a girl who use to been a 'pole dancer. She's a very clever young lady who was earning between £500- £1000 a week doing it. Where in Cornwall would these girls earn this money, working at Tesco?
Gareth, whether in Truro or Cambourne. I only said SOME aspects of the 1950's should be brought back. If kids were brought up to respect (not fear)elders and property, life would be more enjoyable for us all. If the drunken stags etc showed respect to the dancers, then this law and loophole would not now be up for this particular discussion.
So they call it a Gentleman's Club instead of lapdancing bar to avoid a sleazy image. In my opinion no real gentleman would attend such an establishment.
Why is this such an issue? "Gentlemans Clubs" exist in 100's of towns and cities throughout the country. I agree with most if you don't like it then steer clear of it. It's about choice people. I don't particularly like allotments or planting manure as they are smelly and dirty so I steer clear of them. I am afraid you are "PRUDES" if you object to these places, they are not affecting you in anyway. As Lewis said it's the drunken Stags and Hens that cause more strife at the area. As for the 50's well at lot has changed since then women are no longer inferior to men for a start as they were back then and households are not ruled with an iron fist any more.
The problem with the UK is that it is light years behind on this subject or category. What UK needs is properly licensed, medically controlled brothels. This would allow those who wish to frequent such premises to do so within the law and of course the premises would be properly policed. It happens on the "Near Continent" and has done so for years - you don't hear of the problems there getting out of hand. (Oops, Sorry for the pun!). Further, such working "parties" would pay income tax and be part of the society in which they live and work - isn't this what the country needs - Taxpayers?
Rape is wrong but saying a lapdancing club is making people go out and rape is awful!!! Working clubs at newquay i see that there is about 18 men to 1 woman and all the men are looking to "get lucky" Id much prefer to see all the cash thats been wasted used to stop newquays "fight club" a group of locals who come out looking for trouble every week and causing lots of people actual harm and breaking lots of things in the town. Also i bet you guys are also against the pissoirs that come out of the floor at night.. i was outside subway desperate for a pee while drunk and because of people saying theyre an eyesore there was nowhere to go and no toilets open around the corner grrr
Totally agree with you Clive. Nothing to do with being a 'PRUDE' my son! Us 'over fifties' know how to have fun without having to do it in a 'sleazy joint' with half clothed girls and leary men in attendance. Also it has nothing to do with going back to the 50's..... This is the future mate...you wait and see, times they are 'a changing'.
Clive, were the 50's really that great? I saw a film set in the 50's in a holiday resort called 'Brighton Rock' recently and it terrified me. Much safer on our streets nowadays old boy.
That's the whole point Gareth !!! Certain aspects of today's society need to return to the 1950s. Where kids respected their parents, elders, teachers, Police. There were proper industries in Cornwall and drunken yobs did not roam around our towns and cities and this kind of establishment did not exist in a town hoping to attract holidaying families.