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Sex Establishments Licence

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 Sexual Entertainment Venue 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.

A “Sexual Entertainment Venue” includes the following forms of entertainment as they are commonly understood:

  • Lap dancing
  • Pole dancing
  • Table dancing
  • Strip shows
  • Peep shows
  • Live sex shows 

There is an exemption for premises that provide such entertainment less frequently than once a month.

Guidance for applicants and interested parties about Sexual Entertainment Venues can be found in the Home Office Guidance.

Notices: The law defines the way in which an application is made, which includes 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.

  • Applicants for a sex establishment licence must give public notice of the application by publishing an advertisement in a local newspaper that is circulated in the local authority area no later than 7 days after the date the application is made. 

  • Where the application relates to premises, a notice should also be displayed on or near the premises in a place where it can be conveniently read by members of the public. The notice should be displayed for a period of 21 days beginning with the date the applications was made. 

  • All notices should be in the form prescribed by the appropriate authority and identify the premises or, if the application relates to a vehicle, vessel or stall, specify where it will be used as a sex establishment. 

  • There are similar notification requirements for applications made under the 2003 Act. Where an applicant is making an application under both Schedule 3 and the 2003 Act at the same time they may wish to combine these requirements where permitted.

When considering an application for a sex establishment licence the Council may only use the following criteria:-

  • The suitability of the applicant;
  • Whether the person applying is a "front" person for someone else;
  • The location and suitability of the premises;
  • Whether the number of sex establishments in that locality is equal to, or exceeds the number which the Council considers appropriate for the area.

 

How to apply for a licence

T o apply for either a sex shop or a sexual entertainment venue or a sex shop cinema see PDF

Please note that the application must be accompanied by the following;

  • see pdf for fees/charges

  •  Scale plans of the premises in respect of which the licence is sought showing (inter alia) all means of ingress and egress to and from the premises, parts used in common with any other buildings, details of how the premises lie in relation to the street.  The front elevation of the building.

  •  A copy of the notice of the application which has been published in accordance with paragraph 10(8) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (as per sample attached). 

  • Evidence of due service of the Notice of Application upon the Chief Officer of Police as required by paragraph 10(14) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982. 

  • The completed pink (Certified Copy) Notice attached as evidence that Notice of Application has been displayed on or near the premises as required by paragraph 10(10) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982.

Applications received by the Licensing Office will be displayed on the website for the prescribed period to allow the public the opportunity to comment by a statutory closing date.

 What we do with your Personal Data

The information you provide to the Licensing department is processed in accordance with the requirements of the Data Protection Act 1998. Further information can be found here.

 

 

Contact Details

  • Name Licensing Team
  • Address Unit 1, Hurst Business Park, Narrowboat Way, Brierley Hill, DY5 1UF
  • Telephone 01384 815489 or 815377 Renewals 01384 815050
  • Opening Hours Office is open from 8.00am to 4.00pm daily. Applicants are seen by appointment only.