Apply for a licence for a sex establishment

Download a copy of the Policy
 
Licence summary

The Local Government (Miscellaneous Provisions) Act 1982 states that a sex establishment can be either a sex shop or a sex cinema. In addition, the Policing and Crime Act 2009 came into force on 6 April 2010, and this makes provision for Local Authorities to control the licensing of sex entertainment venues (SEVs).

The Policing and Crime Act 2009 (“the Act”) took effect on 6 April 2010. Section 27 of the Act introduces a new category of sex establishments called “Sexual Entertainment Venues” (SEV) which allows Local Authorities to regulate lap dancing clubs. The provisions of section 27 are to be inserted in Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982. The Act enables the Authority to exercise control over the number and location of lap dancing and similar venues within the Borough. The provisions allow the Authority the power to refuse applications on wider grounds than permitted under the Licensing Act 2003, and gives residents a greater say over the regulation of such premises.

In April 2010, this Authority adopted schedule 3 of the Local Government Miscellaneous Provisions Act 1982, and subsequently adopted a Sexual Entertainment Venue and Sex Establishment Policy in July, which took effect 1 August 2010.

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 the showing of films which are concerned primarily with, relate to, or are intended to stimulate sexual activity.

A sexual entertainment venue is defined as "any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer".  Relevant entertainment is "any live performance or live display of nudity which is of such nature that, ignoring financial gain, it must be reasonably assumed to be provided solely or principally for the purposes of sexually stimulating any member of an audience". An audience can consist of just one person, eg where the entertainment takes place in private booths.

To run a sex establishment or sexual entertainment venue you will need a licence from the Local Authority.

Eligibility Criteria

An applicant:
•must be at least 18 years old
•must not be disqualified from holding a licence
•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.