Licence - sex shop
Sex Establishments are required to be licensed under the Local
Government (Miscellaneous Provisions) Act 1982.
A sex establishment can either be a Sex Shop or a Sex
Cinema.
A sex shop is a premises used for business which consists to a
significant degree of selling sex articles.
A sex cinema is any premises used to a significant degree for
showing of films which are concerned primarily with, or relate to,
or are intended to stimulate sexual activity.
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 passers by the opportunity to comment by a statutory
closing date.
When considering an application for a sex establishment licence
we may only use the following criteria and cannot take into account
moral arguments about whether such establishments should be
allowed:
- The suitability of the applicant
- The location and situation of the premises in relation to other
premises in the area
- Whether the number of sex establishments in that locality is
equal to, or exceeds the number which the Council considers
appropriate for the area
Right of appeal
Any person aggrieved by a refusal to be granted a licence or by
any condition to which a licence is subject may appeal to the
Magistrates' Court.
An appeal against a decision made at the Magistrates Court may
be appealed at the Crown Court but the decision of the Crown Court
is final.