1. The premises I operate offers accommodation for legitimate purposes. If there are prostitution activities going on in the premises, am I liable?

1. The premises I operate offers accommodation for legitimate purposes. If there are prostitution activities going on in the premises, am I liable?

If the premises are not “wholly or mainly” used for prostitution, then you will not be liable under this offence. There is no mathematical formula to determine whether the premises were wholly or mainly” used for prostitution and will depend upon the surrounding circumstances of each case. Furthermore, it will depend upon whether the prostitution activity is an “isolated incident” or whether it is continuing in nature, and also your involvement in the control of the premises in light of your knowledge of the prostitution activity taking place.

For example, where premises were used for prostitution only at night, the Court held the premises were “wholly or mainly” used for prostitution. There was the necessary continuity or pattern of use for prostitution. However, where a hotel lets rooms for a proper purpose but the occupants are in fact prostitutes who arrange their activities from their rooms, this does not automatically mean the hotel is a vice establishment or that those managing the hotel knew of the prostitution.