A LAP dancing club featuring naked and topless dancers could get the green light after the council failed to adopt new rules which would have given objectors more ammunition to fight the scheme.

The applicant, businessman Ashvin Patel, who wants to turn the former Funk Club in The Butts, Worcester into a lap and pole dancing club called Black Cherry has already had a major obstacle removed without having to lift a finger. Previously the applicant would have to clear two licensing hurdles – gaining approval for both the sexual entertainment venue and the premises licence. But because Worcester City Council has not adopted the 2009 legislation, they are abiding by 2003 rules which means the application cannot be considered as an SEV licence and must be treated as a straightforward premises licence application. This removes certain arguments objectors can put forward about whether the club would be appropriate to the area.

A city council spokesman said: “The applicant has withdrawn the original application after it came to light that the Policing and Crime Act 2009 had not been adopted by the city council. The applicant has now submitted a new application for a premises licence for the sale of alcohol, regulated entertainment and late night refreshment under the Licensing Act 2003.”

A new period of consultation has now begun, which will end on August 20. The 16 people who registered objections to the previous application have all been contacted and told of the new application.

One of the original objectors, Adam Scott, said he would be writing a fresh letter of objection. He said: “It is dangerous the council hasn’t adopted this legislation. It means they’re not able to control these sort of premises as tightly as they could.” The licensing sub-committee could decide on the matter before the end of September. The applicant is applying for permission to sell alcohol between 10pm and 6am every day and to have regulated entertainment between the same time. The applicant has also applied for permission to offer late night refreshment every day between 11pm and 5am and to open the premises to the public every day between 10am and 6.30am.

Under the 2003 Act, representations must relate to the effect that the grant of the application would have on the promotion of the licensing objectives, which are the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

Representations can be made in writing to: l Worcestershire Regulatory Services (Licensing), PO Box 866, Worcester, WR1 9DP.

l wrslicensing@worcsregservices.gov.uk.