Licence - Sex Establishments

Sex Establishments are licensed under the Local Government (Miscellaneous Provisions) Act 1982.

Under the terms of that legislation:

A sex establishment can either be a sex shop, a sex cinema or a sexual entertainment venue.
A sex shop mean any premises, vehicle, vessel or stall used for a business that consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating sex articles.
A sex cinema is any premises used to a significant degree for the showing of films which are concerned primarily with, or relate to, or are intended to stimulate sexual activity.
A sexual entertainment venue means any premises at which a live display of nudity or live performance which is intended to stimulate sexual activity is provided before a live audience for the financial gain of the organiser or entertainer.

Certain factors need to be considered when an application for a sex establishment licence is made. These factors will include whether or not the premises are in an appropriate location, for example near a school, a place of worship or family shopping area. All applications must be advertised in the local press. In addition, where the application is in respect of premises, a notice must be displayed outside the premises.

The licensing of sex establishments is governed by Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982. A local Council as Licensing Authority may from time to time, grant or renew a licence for the use of any premises, vehicle, vessel or stall for such purposes on such terms and conditions as it thinks fit.

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

Regulation Summary

A summary of the regulation relating to this licence

Sex Establishment Licensing Policy

A copy of the Council's policy can be accessed on this link: East Devon District Council Sex Establisment Licensing Policy (445KB - 04 August 2011 - PDF Help)

Applying for a sex establishment licence

You can apply and pay for a Sex Shop/Cinema/Entertainment Venue Licence online, through the Business Link website, by selecting one of the links below:

Apply Online - New Sex Establishment Licence - this service will be available soon

Apply Online - Change to a Sex Establishment Licence - this service will be available soon

Alternatively, you can download an application form below. This should be printed and returned to the Council’s Licensing Service. The correct fee must accompany your application.

Application form (149KB - 26 May 2011 - PDF Help)

Our current fees are:

Grant

Renewal

Transfer

Variation

£2,000

(plus refundable uncontested hearing fee of £4,000)

Total £6,000

£1,000

£1,200

£1,000

plus refundable uncontested hearing fee of £4,000)

Total £5,500

When you submit a postal application you must also submit a copy of your application to the Police at the address below within 7 days of submitting an application to the Council. In the case of an online application the Council will pass a copy to the Police.

The Chief Officer of Police, (For attention of The Licensing Office), Devon & Cornwall Constabulary, North Street, Exmouth, EX8 1JZ

Please ensure that you have read the Licensing Policy document before submitting your application. The policy document clearly sets out in detail the application procedure. In addition to this, you may need to contact the District Council’s Planning Department to ascertain whether planning permission is required.

Notices and Certifications

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:

A suitable template for the public notice is available below

Public notice (82KB - 26 May 2011 - PDF Help):

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 must be displayed for a period of 21 days beginning with the date the application was made The public notice template available above is also suitable for display on the premises, vessel etc..

All notices should be in the form prescribed by the District Council 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.

Most sexual entertainment venues will require a Premises Licence or Club Premises Certificate granted under the Licensing Act 2003, as well as a sex establishment licence, in order to sell/supply alcohol, provide regulated entertainment, and provide late night refreshment. Visit our Licensing pages for more information.

Application Evaluation Process

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. Online applications will be acknowledged by email. Please see the Council’s Sex Establishment Licensing policy document for a full explanation of the application procedure.

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

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

Provided your application is correctly made, we will aim to process it within 90 working days. If this is not possible, we will inform you and provide an explanation as to the reason.

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 received a response by the end of the target completion period please contact us. You can do this online if you applied through the UK Welcomes service or use the contact details below.

If you require any further information or have a complaint about this process please contact us on either licensing@eastdevon.gov.uk or by phone on 01395 517410.

The following information applies to licences issued under the terms of the Local Government (Miscellaneous Provisions) Act 1982.

The law defines the way in which an application is made, which include 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. Please see the relevant section of the Licensing Policy for more information.

Licence holders may at any time apply to the authority for a variation of the terms, conditions or restrictions in their licence.

Your Right of Appeal

Any person aggrieved by a refusal to be granted a licence or by any condition to which a licence is subject may appeal to the Magistrates' Court within 21 days of being notified of the decision.
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 decision of the refusal to vary the licence or of the revocation, appeal to the Magistrates' Court.
An appeal against a decision made at the Magistrates Court may be appealed at the Crown Court but the decision of the Crown Court is final.

Offences and Penalties

Anybody who operates a sex establishment without a licence or fails to comply with licence condition or admits persons under the age of 18 is committing an offence.
Penalties upon conviction can range from £1,000 to £20,000.

Contact Details

Licensing Service, Council Offices, Knowle, Sidmouth, EX10 8HL

Email: licensing@eastdevon.gov.uk

Telephone: 01395 517410

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.

Trade Associations

Adult Industry Trade Association (AITA)

Further Information

Copies of the Local Government (Miscellaneous Provisions) Act 1982 can be purchased from Her Majesty's Stationery Office.

A copy of the legislation can be viewed at the Council Offices.

Page last updated on 25 May 2012