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Sex establishment licence

Anyone who wishes to use any premises, vehicle, vessel or stall as a sex establishment in the council's area must first obtain a licence.

 

A sex establishment can either be a sex shop or a sex cinema. A sex shop is any 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 films which are concerned primarily with or related to, or are intended to stimulate sexual activity.

 


Apply online


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


Application Evaluation Process

Fees will be payable for applications and conditions may be attached.

 

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.

 

Applicants must give public notice of their application by publishing an advertisement in a local newspaper.

 

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.


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 us. You can do this online if you applied through the UK Welcomes service or use the contact details below.


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 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 the Local Authority in the first instance.

 

A licence holder who wishes to appeal against a condition can appeal to a local magistrates' court.

 

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.


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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This application pack is for guidance only.  If you are considering making an application pack contact Licensing Services at licensing.services@scarborough.gov.uk

 

Contact

The Licensing Authority
Scarborough Borough Council
Town Hall
St. Nicholas Street
Scarborough
North Yorkshire
YO11 2HG
 
Tel: 01723 232323
Fax: 01723 365280
 

LGNL: 388

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Scarborough Borough Council,Town Hall, St Nicholas Street, Scarborough, North Yorkshire. YO11 2HG
Customer First Contact Centre