The information on this page is now out of date
The following was the situation up to May 2004. It changed because of the Sexual Offences Act 2003 which, despite earlier government comments, was ammended after initial publication to cover several important changes in this area.
You can find the current position here.
But for anyone interested in the previous position, read on. We haven't bothered to change the tenses of most of the verbs, so it still says "is" where it should say "was" for example. Just imagine you are reading this any time up to 30th April 2004...
Let's say it again: prostitution is legal in the UK.
But many of the activities surrounding the exchange of sex for money or other goods are criminal offences, even if many of them are rarely prosecuted.
Important notes
Male and Female Workers
Where male workers are subject to different laws from their female counterparts, we'll say so. Otherwise the information applies equally to both.
Scotland and Northern Ireland
As we're based in London, we know more about the law in England & Wales than we do about the law in Scotland (which has its own legal system and Parliament) and Northern Ireland.
Where we know of differences, they will be mentioned. Consult a local sex work project or lawyer for more information (and please do tell us of anything we've missed!)
Transsexuals
If you have undergone a gender re-assignment operation, the law currently decrees that for legal purposes you will be treated as having the gender of your birth.
This is also looking like it will change: in July 2003, a draft Gender Recognition Bill was published for consultation and it is currently going through Parliament. See Press For Change's website for more detail and analysis.
Street work
Importuning and soliciting
Highway obsruction
Anti-Social Behaviour Orders
Kerb crawling
Working alone
Maids
Planning regulations
Breach of tenancy agreements
Disorderly houses
Escort agencies
Brothels / massage parlours etc
What is a brothel?
Knowledge
Keeping, managing or assisting in its management
Maids
Detaining women in brothels
Allowing children in brothels
Licencing
Planning regulations
Landlords and tenants
Disorderly houses
Other sex work
Telephone sex
'Near beer' venues
Clipping
Sex work law generally
Living on the earnings of prostitution: partners etc
Exercising control over a prostitute
Causing prostitution
Advertising
Accepting prostitutes' ads
Conspiracy to corrupt public morals
Call cards in phone boxes
Other Issues
Assault and SM
Non EU citizens
False ID's
Drugs
Tax Evasion
Benefit Fraud
Sex Offenders Register
Sex Offending Orders
Definitions
Common prostitute
Loitering or soliciting
Street or public place
Street work
The police often target 'street work' over 'indoor work' because it's more visible and, particularly in residential areas, sometimes attracts complaints from the public.
In Scotland male and female street workers fall under the same provision, The Civil Government (Scotland) Act 1982, which prohibits loitering, soliciting or importuning in a public place. But in England & Wales separate rules apply:
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Women |
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Under 16?
You can be charged with soliciting even though you are under 16 (but over 13) and can't give lawful consent to sexual acts. But the first few times you are caught you are likely to be taken into police protection under the Children Act 1989 section 46, then handed into the care of the Social Services, a parent or guardian or some other agency.
Other laws used against street workers include:
Highway Obstruction
If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence under the Highways Act 1980 section 137. The penalty is a fine.
Anti-Social Behaviour Orders
These were created by the Crime and Disorder Act 1998. They enable the police to apply to magistrates for an order to control 'anti-social' behaviour, defined as "a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household". Breaching an order can result in up to six month's imprisonment.
Several orders have been made against people who have been soliciting.
Orders last for at least two years.
Kerb Crawling
Street work is one of the few areas of sex work were the clients of workers can be criminalized.
The SOA 1985 created two rather clumsily worded offences concerning the solicitation of women by men for the purpose of prostitution.
(1) A man commits an offence if he solicits a woman or women for the purpose of prostitution
(a) from a motor vehicle while it is in a street or public place or
(b) in a street or public place while in the immediate vicinity of a motor vehicle he has just got out of,
either persistently or in a manner likely to cause a nuisance to the solicited woman or to other persons in the neighbourhood.
(2) A man commits an offence if in a street or public place he persistently solicits a woman or women for the purposes of prostitution.
The penalty is a fine.
Kerb crawling is now an arrestable offence. Typically, the man's details are noted down and sent to the Crown Prosecution Service who will decide whether there is enough evidence of persistence, annoyance or nuisance to prosecute. Often the matter is disposed of by a letter being sent to the home address of the offender to deter him.
In Scotland there is no specific law against kerb crawlers, although they might be charged with causing a breach of the peace.
Working alone
It is legal to provide sexual services in a house or flat as long as there is only one person selling sex. If there are more than that, even at different times, the remises can be classified as a brothel and you may be at risk from SOA section 33.
It's worth being aware of the potential problems you may face even in working alone indoors.
Maids
Though it is legal to have a 'maid' or 'housekeeper' to assist you and to increase your safety the police may allege that the maid is selling sex and that therefore the premises count as a brothel, especially if he or she is young. They may claim that a maid has to be over a certain age. This is not true. The only relevant issue is whether or not the maid was selling sex on the premises.
Planning Regulations
You may be in breach of planning regulations. If you work from home the test is whether or not the main use of your property remains residential. Factors relevant to this include the proportion of space given over to business, numbers of clients, whether there are employees and the potential nuisance to neighbours.
If you rent premises especially for the purpose of work, clearly the main use of the property is not residential and you risk being found to be in breach of the regulations.
In practice the planning authorities tend to become involved only as a result of complaints from neighbours or police intervention. They can enter your property if they give you 24 hours notice or if you consent. If they think you are breaching regulations, and if they decide to take action and are successful, you will be asked to stop working. If you persist, you may be prosecuted and fined.
The bigger and noisier your operation, the more likely you are to face intervention.
In London, if you advertise massage services, the premises need a licence.
Breach of Tenancy Agreement
If you rent the property, using it for prostitution may be a breach of a term in your tenancy agreement prohibiting 'illegal or immoral' use. If your landlord finds out s/he might ask you to stop working, and could eventually sue you for damages or start possession proceedings. You cannot be evicted overnight - the landlord will have to take you to court, following strict procedures. If you have problems, consult a solicitor, Law Centre or Citizens Advice Bureau.
Keeping a Disorderly House
It is possible for a person working alone to be charged with this offence.
ESCORT AGENCIES
It is legal for men and women to work for escort agencies.
Some agencies rip you off and offer no protection whatsoever. Shop around for agencies which look out for your safety and offer reasonable terms and conditions. Try to work for places that have been recommended by other workers.
If you are running an escort agency, you are operating legally unless the people who work for you are providing sexual services, as opposed to 'escort' services, and the police can prove that you are aware of this. They may try to prove this by posing as clients.
A woman running an agency may be charged with controlling prostitutes (SOA 1956 section 31); procuring women to become prostitutes (SOA 1956 section 22); or, if men work for her, knowingly living on the earnings of male prostitution (SOA 1967 section 5).
A man may be charged with knowingly living off the earnings of male or female prostitution (SOA section 1967 section 5; SOA 1956 section 30) or procuring women to become prostitutes (SOA section 22).
Brothels / Massage Parlours etc
The law around brothels applies equally to men and women and to heterosexual and homosexual activities.
It is not an offence to work as a prostitute in a brothel.
But it is an offence under SOA 1956 section 33 to keep, manage or assist in the management of a brothel.
What the prosecution has to prove
(i) That the premises you are working in classify as a brothel and
(ii) that you were aware of this and
(iii) that you were keeping, managing or assisting in its management.
(i) What is a Brothel?
Any premises - private flats, saunas, massage parlours - will be classed as a brothel if they are used by more than one man or woman for 'physical acts of indecency for ... sexual gratification', whether on the same day or on different days - 'in series or in tandem'. The sexual services do not necessarily have to include sexual intercourse or, indeed, payment!
So if you share premises with someone else and work on alternate days or weeks, they will count a brothel even though there is never more than one person working at any one time.
Where rooms or flats in one building are let separately to different individuals offering sexual services, the premises as a whole may still count as a brothel if the individuals are effectively working together. Evidence of shared keys, washing and toilet facilities, staircases, tenancy agreements etc will be relevant.
If you are the only person who provides sexual services on premises, with or without the assistance of a non-sex working maid, the premises are not a brothel.
(ii) Knowledge
To be guilty, you have to have been aware of the circumstances which made the premises a brothel. So if you work on premises for, say, two days a week and have no idea what they are used for on the other days, you have a defence. But the court may 'infer' knowledge if they think you were blinding yourself to the obvious.
(iii) Keeping, managing or assisting in its management
Again, working as a sex worker, or in any other capacity, in a brothel is not of itself an offence.
The police have to show that you were 'managing', or assisting in the management of, the operation in some way. Whether or not you are the tenant or occupier of the premises is immaterial in deciding this question - but see offences relating to tenants.
You have to have some degree of 'control' over the running of the business. If you have a say in what services are offered and how much is paid for them, this is control. Taking money from clients and noting its receipt in a cashbook; putting up advertisements; paying bills; hiring and firing staff; supplying materials; banking and book keeping, have all been held to amount to a sufficient degree of control.
Activities such as admitting customers, cleaning, removing rubbish, making coffee or other duties of a trivial nature are not sufficient.
If you are providing sexual services but the prices and the services have been set beforehand by someone else, and you have no power to discuss or vary them, you cannot be said to have the requisite degree of control.
There are no hard and fast rules for what activities amount to this offence. Each individual case will be considered on its own merits, and you should seek legal advice.
Other Offences Concerning Brothels
Maids
Maids or housekeepers in brothels are clearly at risk from section 33. But if your involvement is of a 'menial' nature and you have no control over prices and services, generally you will be committing no offence. It may be useful to have a clear idea of what your duties are to guard against unfair prosecution or conviction.
Detaining Women in Brothels
It is an offence under SOA 1956 section 24 for a person to detain a woman against her will in a brothel or other premises intending her to have sex with a man or men. There is no equivalent offence for the detention of men in sex establishments.
Allowing Children in Brothels
It is an offence under section 3 of the Children and Young Person Act 1933 to allow a child or young person who is between 4 and 15 inclusive and who you are responsible for to reside in or to frequent a brothel.
Licensing
If you are advertising massage services and you live in London, a licence is required under the London Local Authorities Act 1991. If you are outside London there may be similar requirements.
Check what the position is in your area.
Planning
If you are running a brothel from residential premises you may be in breach of planning regulations. See under 'Working Alone'.
Landlords and Tenants
It is an offence under SOA 1956 section 34 for a landlord to let premises knowing that they are to be used as a brothel, or to wilfully allow their continued use as a brothel.
A landlord commits no offence by allowing premises to be used for prostitution by a single person. But if they charge an inflated rent they may be guilty of living off the earnings of prostitution (SOA section 29).
It is an offence under SOA 1956 section 35 for a tenant, occupier or any person in charge of premises to knowingly permit them to be used as a brothel. If a tenant is convicted of this offence the landlord may have the right to terminate the lease.
In contrast to the landlord's situation, it is also an offence under SOA 1956 section 36 for a tenant to knowingly permit their premises to be used for prostitution by a single person, even though that person is not doing anything illegal.
Disorderly Houses
It is an offence under the Disorderly Houses Act 1751, and under common law, to keep a 'disorderly house' used by members of the public.
A disorderly house is a house 'not regulated by the restraints of morality, and which is so conducted as to violate law and good order'.
It may be used where there are complaints from the public, live sex shows or premises specialising in SM services. It applies to both men and women, and may be used against individuals working alone as well as against groups. Whoever appears to be 'keeping' the house may be found guilty.
Other sex work
Telephone sex
There are few laws against this. It is illegal under the Post Office Acts to use the public telecommunications network to transmit indecent material. We don't know of anyone who has ever been prosecuted for this, except in the case of unwanted obscene phone calls.
The Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS) is the industry-funded regulatory body for all premium rate charged telecommunications services.
If you fail to obey their codes of conduct, they have the power to have services disconnected and impose fines.
'Near Beer' venues
London's Soho in particular is plagued with these. Customers are enticed in with the promise of a live sex show or erotic dancing / modeling for a token sum. Once they've sat down and ordered something to drink, they are presented with an extremely large bill, typically several hundred pounds. If they object, they are shown some small print on a menu. Often some 'heavies' will appear and 'offer' to escort the customer to the nearest bank machine to withdraw the necessary cash.
Because of licensing laws, the drinks at such venues have at most very low alcohol content, hence the name 'near beer'.
It's illegal under the London Local Authorities Act 1995 to run such a venue without a licence. Several owners and staff have recently been charged with demanding money with menaces.
Clipping
If you take money from a potential client intending not to perform the service offered, you are guilty of obtaining property by deception. The client has not committed an offence himself, and although some men may not wish to report the incident, others will have no qualms, although they may have problems in proving their case.
Sex work laws generally
Living on the earnings of prostitution: partners etc
FEMALE PROSTITUTION
It is an offence under SOA 1956 section 30 for a man knowingly to live wholly or partly on the earnings of prostitution.
This offence can only be committed by a male, although it is possible for a woman to be charged with aiding and abetting a man to commit the offence. It can be applied to any man, including boyfriends, male maids, husbands and sons.
The law presumes that a man is knowingly living on the earnings of prostitution if he
(i) lives with a prostitute OR
(ii) is habitually in the company of a prostitute OR
(iii) exercises control or influence over her in a way which shows he is aiding or compelling her prostitution.
In these circumstances it's up to the man in question to provide evidence that he was not aware of the prostitution or that his financial support comes from some other source. In other circumstances, the prosecution have to prove their case beyond reasonable doubt as usual.
Section 30 is aimed primarily at 'pimps'. But a wide range of men who provide services for sex workers, or who associate with them, are potential targets.
Each case will be considered on its own merits. Suppliers of goods or services have to participate in some way in the business of prostitution - a supplier of groceries, for example, commits no offence while a publisher of adverts may do. A working male or male to female transsexual sharing premises with a female prostitute is at risk.
Men who have been charged with this offence include 'carders', publishers of promotional material, landlords, pimps and men who run escort agencies.
A woman cannot be charged with living on the earnings of female prostitution, but could be charged with living on the earnings of male prostitution.
MALE PROSTITUTION
It is an offence under the SOA 1967 section 5 for a man or woman knowingly to live wholly or partly on the earnings of male prostitution.
This works in a similar way to law outlined above. It may be committed by daughters, girlfriends and wives as well as by sons, boyfriends and husbands.
Women exercising control over a prostitute
It is an offence under SOA 1956 section 31 for a woman for the purposes of gain to exercise control, direction or influence over a prostitute's movements in a way which shows she is aiding or compelling her prostitution.
This offence is directed at female 'pimps. But any woman who negotiates services and prices, or works as a maid or madame in a brothel, or places adverts, or runs an escort agency, may be accused.
This is a serious offence but can be hard to prove. The police often prefer to proceed under other laws, for example those relating to brothels. But if you're running an escort agency, this may be the only offence you are committing.
Procuring prostitutes
CAUSING PROSTITUTION OF WOMEN
It is an offence under SOA 1956 section 22 for a person to procure a woman to become a prostitute or to work in a brothel.
'Procure' involves inducing a woman to behave in a way she would not have behaved had she been left to her own devices. It is a defence if the woman in question was already a prostitute.
Very few women have been convicted of this offence.
It is also an offence for someone with care of, or parental responsibility for, a girl under 16 to cause or encourage the prostitution of, or the unlawful sexual intercourse with or an indecent assault on a girl under 16.
CAUSING PROSTITUTION OF MEN
There are no equivalent offences relating to procuring or encouraging men and boys to become prostitutes. But see SOA 1956 section 13 and SOA 1967 section 4, which covers procuring gross indecency between men and buggery.
Advertising
It is not illegal to advertise sexual services, although if the ads are extremely graphic and are likely to 'deprave or corrupt' persons likely to see them, they may fall foul of the Obscene Publications Act 1959.
Standards have changed: as recently as the early 1990s, no publisher would have dared print some of the escort ads in gay magazines now.
But even today some directories, such as Yellow Pages and Thomson, are reluctant to display ads from massage parlours and agencies, particularly outside Central London.
Accepting prostitutes' ads
Any person involved with a magazine, newspaper, shop, radio or TV station which earns advertising revenue from male or female prostitution could potentially be prosecuted for living on the earnings of prostitution. The police would have to prove that payments were received in the knowledge that they were revenue from prostitution. Evidence of this could be, for example, exorbitantly high advertising rates.
Conspiracy to corrupt public morals
This was what the publishers of prostitutes' ads and gay personal ads were convicted of in the 1960s and 70s. In confirming the convictions, the House of Lords remarked that morality was something to be left to juries to consider, and it is highly unlikely that a prosecution would succeed today.
Call Cards in telephone boxes
Although a fascinating record of tastes, prostitutes' cards in telephone kiosks have always been highly unpopular with BT and the long battle between BT and the 'carders' placing them in the kiosks was almost as entertaining to watch as some of the cards themselves.
Attempting to prosecute carders for criminal damage - the residue left from stickers - just meant carders started to use blu-tac to stick them to the walls, or wedged them between cracks.
The next round involved prosecutions for littering or unauthorised advertising under the Environmental Protection or Town and Country Planning acts of 1990. That also failed - kiosks are not public open spaces and police do not have seizure powers under either of those acts.
Around 1996, BT tried to introduce new terms and conditions of hire allowing them to suspend the phone lines of people advertising their numbers in kiosks. This was successfully challenged by the 'London Committee of Call Girls', a group of working women.
This stage of the battle was finally won by BT with the introduction of the Criminal Justice and Police Act 2001. Section 46 prohibits someone placing "on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution" if done so "with the intention that the advertisement should come to the attention of any other person or persons." It does not apply to phones in places where under-16s are not allowed.
The penalty is up to six months imprisonment. The effect was to remove virtually all cards from London phone boxes... but they're now making a return in several areas.
Other Issues
Assault and sadomasochism
If you offer sadomasochistic services involving the infliction of blows or other injuries intended or likely to cause bodily harm which is more than 'transient or trifling', you yourself may be charged with indecent assault or assault. Although assault usually requires an absence of consent, it has been held that it is not in the public interest that a person should harm another in order to gratify sexual desire. Thus the fact that the client requested or consented to the blows may be no defence.
Non EU workers
Employees
If you are working illegally, you may face removal or deportation if the police find out.
If you need help, consult a solicitor, Citizens Advice Bureau, or law centre.
Employers
The Asylum and Immigration Act 1996, section 8, makes it an offence for an employer to employ someone of 16 or over who does not have permission to be in, or to work in, the United Kingdom.
The requirement only applies to employees taken on after January 27th 1997.
If you try to avoid prosecution by refusing to consider for a job anyone who looks or sounds foreign, you could contravene the Race Relations Act 1976.
But if you see and keep a copy of one or more of certain specified documents before taking on a new employee you will not be guilty of the offence even if they turn out not to have the necessary permission, provided you didn't realise they were not entitled to work when you took them on.
The specified documents are:
- an official document giving the persons name and national insurance number, for example a P45, NI card, old payslip
- a passport confirming that the person is a British or other European Economic Area national, or which shows that the person is entitled to live in the UK
- a birth certificate showing the person's birth in the UK or the Republic of Ireland
- a letter from the Home Office confirming that the person is allowed to work.
The maximum penalty that can be levied against an employer is £5,000.
If you are not an employer, you are not at risk from this section. An important factor is whether or not you pay wages to anyone. If, for example, you run an escort agency and your escorts are self employed and pay you a cut of what they earn, you are probably not an employer.
If in doubt seek legal advice.
False ID's
It is legal to use any name you want.
But if you have given a false name with the intention of avoiding outstanding fines or the disclosure of a criminal record, it's possible to be charged with fraud, obstructing a police officer in the execution of his/her duty or, very rarely, attempting to pervert the course of justice.
If you give a false name and this is discovered, it may jeopardise your chances of getting bail.
Drugs Offences
Sex work can bring you into contact with drugs of all sorts. If these are controlled by the Misuse of Drugs Act 1971, it is a criminal offence to possess them or to share, give or sell them.
Drug use in working flats and brothels can attract police attention. If you are working on the streets and the police arrest you for soliciting and you have drugs on you, you may end up being charged with the drugs as well.
If you have problems with drugs you can get advice and information from Release or your local drug project.
Tax Evasion
Sex workers are liable to declare their earnings and pay taxes like everyone else.
Over the years, several prostitutes have claimed in court that they should not have to pay taxes as that would result in the government living on the earnings of prostitution. None of them have succeeded in anything other than making lawyers richer: even if sex work were illegal, earnings from it would still be taxable.
The positive side is that as with other businesses you may be entitled to deduct expenses such as the cost of advertising, condoms, lube, toys, magazines, videos, rent etc. Ask around to find a good accountant.
If you don't pay income tax and are discovered, the Inland Revenue can present you with a large bill based on their assessment of your undeclared earnings. They can go back a maximum of 12 years, and it's up to you to challenge their figures. Your life will be much happier if you are not in this position!
If you do come to their attention, voluntarily or otherwise, what the IR have tended to do is send an assessment for a ridiculous amount as a way of making sure they don't undercharge you. People in cash industries - like sex work - tend to get particularly silly initial assessments.
Why? If you get a bill for tax on £50,000 and you in fact earned £100,000, there is obviously going to be a temptation to say 'yes, that's right' and pay the lower bill.
But if it's the other way around, it becomes in your interest (and makes their life easier) to be able to demonstrate that their initial assessment is wrong. And that needs good record keeping - a diary of clients, income, expenditure etc.
Most people's experience is that if you are honest with the IR, they are fair in return.
If you are not, the Inland Revenue sometimes works in conjunction with the police, accompanying them on raids. It has wide powers of entry of its own.
HM Customs and Excise are responsible for collecting VAT. Most businesses with a turnover of £56,000 a year (the threshold in 2003) should be registered as soon as they reach that threshold. As this is just over £1,000 a week, this will include virtually all escort agencies and brothels as well as some individuals.
They have many more powers than the Inland Revenue and, again, your life will be very much happier if you are not on the receiving end of their wrath.
HMC&E staff have been known to sit outside establishments, counting clients to compare with the declared income, and to compare lists of businesses and people advertising with the lists of people who have registered for VAT. Some agencies have also reported their competitors to the tax fraud hotline.
Benefit Fraud
If you're claiming benefit at the same time as working, and have not declared it, you may be guilty of fraud. If you are found out, which can happen if, for example, you get involved with the police for any reason, you will be investigated. You may be asked to repay any overpayments and/or you may be prosecuted and fined by a court. Your benefit cannot be withdrawn solely because of fraud; the investigation has to show that you are no longer entitled.
In serious cases you may face imprisonment.
If you have received more money than you were entitled to because of a genuine error you cannot be guilty of fraud.
If you have problems, seek legal advice.
Sex Offenders Register
The Sex Offenders Act 1997 created what has become known as the Sex Offenders Register. Anyone convicted of any of a number of sexual offences has to register with their local police for a specified number of years. Failure to comply can result in being imprisoned for up to six months.
The actual offences vary in Scotland and Northern Ireland, but are broadly similar.
In England & Wales and Northern Ireland, accepting a police caution for these offences also carries with it the need to register. Get legal advice before accepting cautions.
People who have committed sexual crimes abroad (when the act was a crime both in the country concerned and in the UK) or who were found unfit to stand trial or found not guilty through insanity are also liable to be put on the register.
(eg cautioned, fined or community punishment)The length of imprisonment mentioned is the total sentence for all the crimes dealt with at once - eg a four month sentence and a three month sentence to be served consecutively (after each other) puts you in the 'more than six months' category, but if served concurrently (at the same time) it'd count as four months.
Sex Offender Orders
These were created by the Crime and Disorder Act 1998 which also created Anti-Social Behaviour Orders.
A chief police officer is able to apply to magistrates for an order banning a sex offender from doing anything specified in the order. Orders last for at least five years.
The penalty for disobeying an order is up to six months imprisonment or an unlimited fine.
The crimes are the same as those covered by the Sex Offenders Register, including applying to people who have accepted cautions in England & Wales and Northern Ireland. Get legal advice before accepting cautions.
Definitions
Common prostitute has been defined as a female who offers her body 'commonly' (i.e. 'frequently') for sexual services in return for payment. Men cannot be common prostitutes.
In order to count as a 'common prostitute' you must have received at least two 'street cautions' in the last year. A 'street caution' is given verbally on the street, on the evidence of two or more police officers, and is kept on police records. It is possible to receive both warnings and be charged in a single night. If you are taken to court for soliciting the cautions will be referred to.
If you receive a street caution when you weren't in fact working, you can apply to the Magistrates Court for the area within 14 days to have details of the caution taken off police records. The Magistrate will hear evidence from both parties in a private court.
Loitering or soliciting includes any tempting or alluring of prospective customers, through words, winks, glances, gestures, smiles or provocative movements.
Street or public place includes any road or lane, subway, court, square, alley, passageway, doorway or entrance to premises adjoining a street. It also covers working from windows and balconies and in hotels.
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