The thing is, I think most people who object to this so much would probably never even visit those bars where people care what the "scene" is like anyway
It's a similar situation to Google's street view - sure, it's in theory in the public domain, but when you start aggregating this sort of thing and making it searchable, it's different.
Relating to the usage of the word public, humorously in England we have "public school" which is the American "private school", in America if you go to public school you're considered normal and in England if you go to public school you're considered rich.
Maybe they could skip the gender and individual profiling and do low-resolution IR, which would be a pretty decent way to identify human-shaped blobs. If you monitor entrances, you could assume no one dematerializes inside, so starting from zero, just count people who enter and leave to get a count.