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.
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.