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Sex establishment/sex cinema licence

Licence summary

If you run a sex cinema or sex shop, you may need a licence from the district council

You may also apply to the council for the requirement for a licence to be waived.

You must comply with any conditions attached to a licence.

Applications will also be subject to a fee.

Eligibility Criteria

Applications for a licence, renewal or transfer of a licence must be made in writing (including by electronic means) to the district council. The application must be submitted in duplicate.

Advertisements must be placed in newspapers circulating in the district council's area, detailing that the application has been made. A copy of every advertisement must be supplied to the district council. The advertisement must be published no later than seven days after the application is made.

Regulation Summary

A summary of the regulation relating to this licence

Application Evaluation Process

The district council will provide a copy of the application to the sub-divisional commander of the area.

The district council will consider any representations made in relation to the application and any observations or representations of the sub-divisional commander of the local police force.

You will be given the opportunity of a hearing before your district council before you application is refused.

Licences will be refused under the following circumstances:

  • if the applicant is under 18 years of age
  • the applicant is disqualified for 12 months from holding a licence after a previous licence was revoked
  • the applicant, if not a limited company, is not resident in the UK or has not been resident for at least six months prior to the application
  • if the applicant is a company, they are not incorporated in the UK
  • if the applicant has been refused an application within the previous 12 months

Other grounds on which a district council can refuse an application are:

  • the applicant is unsuitable through being convicted of an offence, or through another reason
  • if the licence was granted the business would be carried on for the benefit of another person who would be refused a licence
  • the grant or renewal of a licence would not be appropriate taking into account the character of the area, the use of the premises and the layout, condition and character of the premises, vehicle, vessel or stall to which the application relates
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. You can do this online if you applied through the UK Welcomes service or use the contact details below.

Apply online

Apply to run a sex shop

Failed Application Redress

Please contact your district council in the first instance.

If you wish to make representations about an application you may do so to the district council. The representations should reach the district council no later than 28 days after the date of the application.

If you wish to appeal against the refusal of an application you may appeal to the local County court where the premises are located or if the application related to a vehicle, vessel or stall, the area where they were going to be used, within 21 days of being notified of the refusal of the application. Appeals may not be made if the refusal is because:

  • the applicant is under 18 years of age
  • the applicant is disqualified for 12 months from holding a licence after a previous licence was revoked
  • the applicant, if not a limited company, is not resident in the UK or has not been resident for at least six months prior to the application
  • the applicant is a company, they are not incorporated in the UK
  • the applicant has been refused an application within the previous 12 months

Appeals may not be made if the application is refused because:

  • the number of establishments in the area are or exceed the number the district council consider appropriate for the area, or
  • the grant or renewal of a licence would not be appropriate taking into account the character of the area, the use of the premises and the layout, condition and character of the premises, vehicle, vessel or stall to which the application relates.
Licence Holder Redress

Please contact your district council in the first instance.

If you wish to make representations about an application you may do so to the district council. The representations should reach the district council no later than 28 days after the date of the application.

If you wish to appeal against the refusal of an application you may appeal to the local County court where the premises are located or if the application related to a vehicle, vessel or stall, the area where they were going to be used, within 21 days of being notified of the refusal of the application. Appeals may not be made if the refusal is because:

  • the applicant is under 18 years of age
  • the applicant is disqualified for 12 months from holding a licence after a previous licence was revoked
  • the applicant, if not a limited company, is not resident in the UK or has not been resident for at least six months prior to the application
  • the applicant is a company, they are not incorporated in the UK
  • the applicant has been refused an application within the previous 12 months

Appeals may not be made if the application is refused because:

  • the number of establishments in the area are or exceed the number the district council consider appropriate for the area, or
  • the grant or renewal of a licence would not be appropriate taking into account the character of the area, the use of the premises and the layout, condition and character of the premises, vehicle, vessel or stall to which the application relates.
Consumer Complaint

If you wish to make representations about an application you may do so to the district council. The representations should reach the district council no later than 28 days after the date of the application.

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.

Other Redress

If you wish to make representations about an application you may do so to the district council. The representations should reach the district council no later than 28 days after the date of the application.

Trade Associations

None

 

Download a copy of the Sex Establishment Licence Schedule of Conditions pdf logo (32K)EUGO logo

Download a copy of the sex shop policy pdf logo (104K)

Fees

Page Information
This page was last reviewed 2 November 2010 at 15:54 by Maria Bettridge.
The page is next due for review 1 May 2011.
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