Law in the darkroom: legal interpretation and negotiation of london’s queer sex-on-premises sites

Thesis

Are gay saunas, cruising clubs, and queer fetish parties legal in London? In this thesis I explore the unclear legal status of queer sex-on-premises sites (QSOPS) and how local authorities can exploit the ambiguity of the Sexual Entertainment Venue (SEV) licensing regime to marginalise these spaces. Based on borough data and stakeholder interviews, the research reveals widespread confusion about whether SEV regulations apply to QSOPS, with the answer hinging on whether public sex is a “performance” per its legal definition. I also suggest that local authorities’ attempts to render QSOPS as licensable conduct reflects moral and political agendas aimed at controlling non-normative sexual practices. Finally, I discuss innovative extra-legal strategies that QSOPS sites have created to resist these regulatory challenges and ensure the wellbeing of their communities. This research, although not dispositive regarding local authorities’ motivations, reveals a tense and oppressive legal positionality that manifests societal taboos towards transgressive sexuality.

Authors: Applebaum, J

• DOI: 10.5287/ora-eooga0zrv
• Type of award: MPhil
• Level of award: Masters
• Awarding institution: University of Oxford
• Language: English
• Keywords: urban sexual geography; sexual morality and law; sex-on-premises sites; licensing law; London; LGBTQ+ nightlife
• Subjects: Nightlife; business licensing; Sexual minorities