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7 Int'l J.L. Built Env't 5 (2015)

handle is hein.journals/jppel7 and id is 1 raw text is: The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1756-1450.htm

Law, sex and the city: regulating
sexual entertainment venues in
England and Wales
Philip Hubbard
School of Social Policy, Sociology and Social Research, University of Kent,
Canterbury, UK
Abstract
Purpose - This paper aims to explore how municipal law, in its various guises, serves to police the
boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues (SEVs) in
British cities are controlled through diverse techniques of licensing and planning control.
Design/methodology/approach - The paper describes the emergence of permissive new licensing
controls that provide local authorities considerable control over SEVs. Licensing decisions, judicial
review cases and planning inspectorate adjudications since the inception of the new powers are
examined to explore the logic of judgements preventing SEVs operating in specific localities.
Findings - Through analysis of case studies, it is shown that local authorities have almost total
discretion to prevent SEVs operating in specific localities, particularly those undergoing, or anticipated
to be undergoing, redevelopment and regeneration.
Originality/value - This paper offers unique insights on the scope of municipal law by
highlighting how land uses associated with sexual minority interests are regulated in the interests of
urban regeneration, redevelopment and restructuring.
Keywords Planning, UK, Sexuality, Licensing, Nuisance, Sexual entertainment venue
Paper type Research paper
Introduction
It is widely understood that law profoundly influences sexual attitudes, practices and
subjectivities, with criminal laws concerning obscenity, sexual consent and public nudity
constructing boundaries between good sex and that condemned variously as perverse,
dangerous or immoral (Munro and Stychin, 2007). Those who transgress these laws can find
themselves marginalized, with the law used as an instrument for ostracizing and punishing
those whose sexual practices and attitudes deviate from the norm (Johnson and Dalton,
2011). Much of the scholarship in this field accordingly explores the impacts of policing on
sexual conduct and feeds into campaigns arguing for extended rights of citizenship for those
queer subjects marginalized by dominant norms. Typically, such scholarship also takes
aim at legislation passed at the national or even supra-national scale, arguing that this
© Philip Hubbard. Published by Emerald Group Publishing Limited. This article is published
under the Creative Commons Attribution (CC BY 3.0) licence. Anyone may reproduce, distribute,
translate and create derivative works of this article (for both commercial & non-commercial
purposes), subject to full attribution to the original publication and authors. The full terms of this
licence may be seen at http://creativecommons.org/licences/by/3.0/legalcode.
This work was supported by the Economic and Social Research Council, Grant ES/J002755/1
Sexualisation, nuisance and safety: Sexual Entertainment Venues and the management of risk.

Law, sex and
the city
5
Received 19Janary 2014
Revised 17June 2014
8 October 2014
13 October 2014
Accepted 20 October 2014

International Journal of Law in the
Built Environment
Vol.7 No.1, 2015
pp. 5-20
Emerald GroupPublishing Limited
175I1450
DOI 10.1108/IJLBE-D1-2014000x1

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