Scottish Court finds council decision to apply ‘nil-cap’ policy banning strip clubs unlawful

A Scottish court has found Edinburgh City Council's decision to implement a ‘nil-cap’ on strip clubs to be unlawful following a legal challenge brought by a sex workers union.

It is hoped that the ruling will discourage local authorities across the UK from imposing bans on sexual entertainment venues, the claimant, United Sex Workers (USW), has said.

In the Scottish Court of Session last week (10 February), Lord Richardson accepted two grounds of argument brought by USW. The first being a claim that the local authority had misdirected itself in law by taking into account irrelevant factors.

The second successful claim alleged that the council's decision constituted a disproportionate interference with the rights of its members in terms of Article 8 of the European Convention of Human Rights.

The judge dismissed two additional grounds. One argued the council failed to comply with the Public Sector Equality Duty, and another contended that the decision constituted indirect discrimination.

The council's Regulatory Committee agreed to a sexual entertainment venue (SEV) 'nil-cap' In March 2022 to come into force in 2023, effectively establishing a blanket ban on the businesses.

Within a month of the council's decision to implement the nil-cap, the USW launched a crowdfunding page to fund a judicial review of the decision.

On its Go Fund Me page – which has since amassed £21,000 in donations – USW said that it needed £20,000 to cover the costs of the judicial review and wanted a further £20,000 to support "any future legal costs towards the ongoing SEV nil-cap debate in Bristol". Bristol has since rejected proposals to introduce a nil-cap.

Commenting on the decision last week (10 February), USW said: "Not only is this a huge win for strippers in Edinburgh, who are no longer facing the prospect of forced mass-unemployment in the middle of a recession, but for the working rights of strippers across Britain."

The statement later added: "Now [nil-caps] have been found unlawful, we hope this puts an end to local council's imposing strip club bans."

A City of Edinburgh Council spokesperson said the council is considering the ruling in detail before deciding its next steps.

Adam Carey