Lap dance club judicial review plea is rejected

12:50pm Friday 27th June 2008

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RESIDENTS fighting an attempt to open a lap dancing club in Durham City are celebrating after winning a landmark legal battle.

Vimac Leisure, which was last year refused a lap dancing licence for The Loft, in North Road, Durham, was this week denied a judicial review of the decision.

Anne Evans, Desmond Evans and Kirsty Thomas, all from Durham, are the only residents to successfully challenge plans for a lap dancing club since the introduction of the Licensing Act 2003.

But a High Court ruling made public on Monday is likely to lead to residents and councils across the country fighting such plans.

The three residents risked being hit with court costs running into thousands of pounds when they appealed Durham City Council's decision to grant Vimac's application, making their case to magistrates during a three-day hearing held in December.

Mrs Evans said: "We're absolutely delighted. We feel our case has been vindicated.

"I don't know why they went for judicial review. I couldn't see that there were any substantial grounds."

Mrs Thomas said: "We were very well represented by the Lawyers' Christian Fellowship.

We couldn't have possibly managed without their legal expertise. I don't think they (Vimac) can take this any further.

I think this is the end of it."

In Monday's ruling, Sir George Newman says Vimac failed to establish "any arguable challenge to the legality of the decision" of the magistrates.

Sir George says they provided full and clear reasons for the decision; carefully addressed the statutory objectives of the Licensing Act and there was ample material to support their conclusions on each.

He also says it is "absurd" to suggest such a club would have no impact on the neighbourhood.

The residents' battle may not yet be over, as Vimac could appeal Sir George's ruling in the Appeal Court.

However, the ruling was welcomed by Durham City MP Roberta Blackman- Woods, who said: "Local people put an awful lot of hard work into showing that a lap dancing club on North Road would contravene the Licensing Act and I am pleased that their hard work paid off at the magistrates' court and now at the High Court too.

"I think this will give communities more confidence in opposing lap dancing clubs where they think they are inappropriate and contravene licensing objectives."

Dr Blackman- Woods said the ruling proved Durham City Council could have rejected the application, but she would continue her campaign to change the law to make it easier for councils and communities to do so.

The ruling came days after Dr Blackman- Woods put a Ten MinuteRulebillbefore the House of Commons, in an attempt to change the law.

Following the debate, Women's Minister Harriet Harman pledged the Government would act to ensure town halls were able to prevent a club opening if they thought it inappropriate.

Vimac Leisure did not respond to a request for an interview.

A Durham City Council spokeswoman said because Vimac may still appeal, the council could not comment.