Sex shops Licence
Licence summary
- 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
Eligibility criteria
An applicant:
- Must be at least 18 years old
- Must not be disqualified from holding a licence
- Must have been resident in the UK at least six months
immediately before the application or, if a body corporate, must be
incorporated in the UK
- 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 eligibility criteria for this licence
Application evaluation process
- Fees will be payable for applications and conditions may be
attached.
- Applications must contain any information that we require, as
well as the applicant's name, address and, where the applicant is
an individual, their age, plus the address of the premises.
- Applicants must give public notice of their application by
publishing an advertisement in a local newspaper.
Will tacit consent apply?
No. It is in the public interest that we must process your
application before it can be granted. If you have not heard from us
within a reasonable period, please contact us using the
contact details provided.
Apply for a licence
Telephone or email us to ask for an application form. You should
be able to apply for the following licences online in early
2010:
Application for a sex shop and cinema licence .
Application to change a sex shop and cinema licence
Failed application redress
Please contact the Licensing Service 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 magistrates' 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
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.
Licence holder redress
Please contact the Licensing Service in the first
instance.
A licence holder who wishes to appeal against a condition can
appeal to a local magistrates' court.
Consumer complaint
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 .
Other redress
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.
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.