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Sex shops, cinemas and clubs are free to open in Canterbury without a licence, a leading sex industry barrister has claimed.
Leo Charalambides argues that a failure by the city council to create proper rules around sex entertainment venues means they can operate without needing to go through the onerous licensing process.
The London-based sex industry expert is the barrister acting on behalf of a Thanet company which wants to open a lap-dancing club in Dover Street, Canterbury, and was speaking after a licensing hearing this week.
His assertion has infuriated the Oaten Hill and District Society, which is fighting the opening of the club.
Father-and-son team Ralph and Alistair Noel applied to the city council in March for a sex entertainment licence to operate a venue called The Bing in the former Farmhouse building next to the Holman’s Meadow car park.
A preliminary hearing before the council’s licensing committee lasted just two minutes before chairman Cllr Bill Oakey said it would have to be adjourned to an unspecified date for legal reasons.
After the hearing, Mr Charalambides said: “We have sent the council a letter informing them that we have investigated their procedures and it seems strongly arguable that the council failed to comply with the strict requirements of adopting a sex establishment regime.
“They have failed to comply with section 2 of the Local Government (Miscellaneous Provisions) Act 1982.
“The practical consequences of this is that there is no legal regime which requires the licensing of sex establishments within the city of Canterbury and its districts so sex shops, sex cinemas and sex entertainment venues can lawfully operate without a licence.”
Ninety people have objected to the application for The Bing, while one has written to the council in support.
“If what the barrister says is correct, this would seem a monumental mistake on the council’s part and very slack" - objector Fred Whitemore
Among the objectors is former Lord Mayor Fred Whitemore, who lives in Dover Street, and said: “I shall be very annoyed on behalf of all those who feel very strongly about the opening of this club.
“If what the barrister says is correct, this would seem a monumental mistake on the council’s part and very slack.
“We are also concerned that if hearings are being postponed until later this summer, then people will be away on holiday and may not have the chance to speak on future dates.
"If that happens, then it should be put off until September when people are back.”
Neither Ralph nor Alistair Noel would comment after the hearing.
In their application to the council they promise “a well-managed upmarket venue in the style of a Stringfellow’s or Spearmint Rhino” with a £10 entry fee and strict dress code.
It would offer lap and pole dances plus gay-friendly evenings.
Council spokesman Rob Davies said: “The applicant raised some legal issues at the last minute and we are currently investigating them.”