Sex establishment licences
Licence Summary
Sex Establishments are required to be licensed under the Local
Government (Miscellaneous Provisions) Act 1982. Copies of
the Act can be purchased from The Stationery
Office.
A sex establishment can either be a sex shop, sex cinema or
sexual entertainment venue.A sex shop is a premises used for
business which consists to a significant degree of selling sex
articles e.g. sex toys, books or videos.A sex cinema is any
premises used to a significant degree for showing films which are
concerned primarily with, or relate to, sexual activity.
A sexual entertainment venue e.g. strip tease, lap dancing
etc.
However, you may apply to the local authority requesting them
to waive the requirement of a licence.
Sexual Entertainment Venue Licences
On 4 November 2011, it was resolved that Schedule 3 of the
Local Government (Miscellaneous Provisions) Act 1982 (as amended by
Section 27 of the Policing and Crime Act 2009) shall come into
force in the District with effect from 1 March 2011.
Any person wishing to run a Sexual Entertainment Venue
(
SEV
) therefore
requires a licence to do so from the authority under the Local
Government (Miscellaneous Provisions) Act 1982 (as
amended). This is similar to the current system for those
persons who would wish to operate either a sex shop or sex
cinema.
There are fees applicable for this service.
There is a 21 day advertisement requirement followed by a
hearing before Councillors prior to any decision being made.
Note: The service is not covered by the tacit
authorisation process as it is in the public interest that we
process the application before it can be granted.
Eligibility Criteria
When considering an application for a sex establishment licence,
the Council may only use the following criteria:
- must be at least 18 years old;
- must not be disqualified from holding a licence;
- must not have been refused the grant or renewal of a licence
for the premises in question within the last 12 months unless the
refusal has been reversed on appeal.
Regulation Summary
A summary of the regulation relating to this licence.
Application Evaluation Process
Applications must be in writing (including by electronic means)
and contain any information the local authority requires, as well
as the applicant's name, address and where the applicant is an
individual, their age, plus the address of the premises.
The law defines the way in which an application is made, which
include advertising notice of the application in the local press
and displaying a notice outside the premises for a specific time
period to give persons living locally the opportunity to
comment by a statutory closing date.
How long will it take to receive the
licence?
Following receipt of the application form and any necessary
attachments including the relevant fee, you can expect to hear
from us within 60 days. If you have not heard from
us within a reasonable period please contact us. You can
do this
online if you applied through the UK Welcomes service or use
the contact details below.
Apply Online
Apply for a licence for a sex
shop and cinema.
Tell us about a change to your
existing sex shop and cinema licence.
Alternatively you may download an application form.
Sex Establishment Application
Form and Guidance (PDF, 78k).
Sexual Entertainment Venue -
Application Form and Licence Application Procedure
(PDF229k).
Sex Establishment General Guidance Notes (PDF, 157k).
Fees
Fees will payable for applications.
Failed application Redress
Please contact the local authority in the first instance.
Any applicant who is refused a licence, or refused the renewal
of a licence, may, within 21 days of being notified of the refusal,
appeal to the local Magistrate's Court.
However, the right to appeal does not apply where the licence
was refused on the grounds that:
- the number of sex establishments in the area exceeds the number
which the authority consider is appropriate;
- the grant of the licence would be inappropriate considering the
character of the area, the nature of other premises in the area, or
the premises themselves.
Licence Holder Redress
Please contact the local authority in the first instance.
A licence holder who wishes to appeal against a condition can
appeal to a local Magistrates' Court.
We would always advise that in the event of a complaint the
first contact is made with the trader by you - preferably in the
form a letter (with proof of delivery). If that has not worked, if
you are located in the UK, Consumer Direct will give
you advice. From outside the UK contact the UK European Consumer Centre.
Consumer Complaint
Licence holders may at any time apply to the authority for a
variation of the terms, conditions or restrictions in their
licence.
If an application for a variation is refused, or if the licence
is revoked, the licence holder may, within 21 days of being
notified of the imposition of, or the refusal to vary, the term,
condition or restriction in question, or of the revocation, appeal
to the local Magistrates Court.
A licence holder may also appeal to the Crown Court against a
decision of a Magistrates' Court.
Other Redress
Any person objecting to an application for the grant, renewal or
transfer of a licence may give written notice of their objection to
the relevant authority, stating the grounds of the objection,
within 28 days of the date of the application.
For more information please contact The Licensing Team on 01653
600666 ext. 250.
