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Sex shops and cinemas

neon shop signsThe Local Government (Miscellaneous Provisions) Act 1982 makes it a statutory requirement that sex establishments are licensed by the Council.

A sex establishment can be categorised as any place, vehicle, vessel or stall where articles intended to encourage sexual activity are sold, hired, demonstrated or displayed.

Applying for a sex establishment licence

Apply online via the UK Welcomes website:

Apply by post or in person

Please complete the application form (see 'Downloads') and return it to the Licensing Office. Details of the information you need to include with your application are on the form.

If you have any queries in relation to completing the form then please refer to the guidance notes attached. Should you have any problems then do not hesitate to contact the Licensing Office by email, telephone, letter or by calling into the public counter.

Advertising

You will need to advertise your application in the local newspaper for one night only and you will need to allow 28 days for objections to made to the Licensing Office.

Considering your application

All applications must be presented to our Licensing Committee who will consider the application on the following grounds:

  • Suitability of the applicant
  • Whether the establishment would exceed the number the Council considers appropriate for the area
  • How the location of the establishment would relate to other premises in the area.
  • Whether the applicant is acting as a front for someone else.

It is an offence to operate a sex establishment without a licence. Anyone who fails to meet the conditions of a licence or admits people under 18 will be subject to a penalty which can range between £1,000 and £20,000

Period of processing

40 working days

Will tacit consent apply?

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it.

Fee

Full details of our current fees are available (see 'Downloads')

Failed Application Redress 

Please contact your 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 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

Licence Holder Redress 

Please contact your Local Authority 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.

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.

 

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