Harm done to many Leamington residents

At the time this was seen as a radical and possibly dangerous doctrine, but it is now generally accepted as a valid guide to formulating social policy.

Warwick District Council recently granted a licence permitting a “sexual entertainment venue” (SEV) at 6a High St, Leamington. As a social policy decision, does this pass the Mill test? Its supporters argue that the answer to this question is yes, because women “dancing” and removing their clothes in exchange for money harms no one provided it is carried on discreetly behind closed doors.

On closer examination, however, significant harm to others, both individually and collectively, becomes apparent. The SEV is located right in the heart of South Town, with many people passing at all times. This prominence, and the inevitable aura of sleaze which will attach to the premises, will unquestionably damage the prospects for economic regeneration of South Town, which has long been a high priority of the council.

The SEV will also be a source of anxiety to women passing near it late at night. They will fear that they may be accosted by men emerging from it in a sexually aroused state and probably under the influence of alcohol.

The sleaze factor will also affect parents with young children passing the SEV at any time of day or night. Young children will inevitably be curious about the premises which stand out so prominently from ordinary shops and businesses.

It is sometimes argued that these harms – to women at night, and to families at all times – are intangible, cannot be measured, and therefore should not be taken into account when considering an application for an SEV. However, these harms are closely analogous to “loss of amenity”.

This concept is frequently used by councils in considering planning applications, despite the fact that it has never been precisely defined in planning law. Broadly, “amenity” in the planning context means the enjoyment of land (such as parks) and buildings such as homes and work places. Amenity may be damaged by factors such as pollution and noise. In the same way, many citizens’ enjoyment of the streets of South Town will be seriously reduced by the presence of an SEV.

The licence granted for the SEV at 6a High St is valid only for 12 months. When considering its renewal, the council should give due weight to the harm done to Leamington residents. - Geoffrey Renshaw, Willes Terrace, Leamington