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Sex establishment

Sex establishment

Licence Summary

A licence is needed before a sex establishment can be operated in West Lindsey. This includes any shop selling sex articles (toys, books or videos) to a significant degree - or cinema showing adult categories of film.

Under Schedule 3 – Local Government (Miscellaneous Provisions) Act 1982, as amended by Section 27 – Policing and Crime Act 2009, West Lindsey District Council has introduced an additional category of sex establishment called a “Sexual Entertainment Venue”. This exists alongside a “Sex Shop” and “Sex Cinema”. Standard conditions and a policy for this will be developed in the future.

A sexual entertainment venue is defined as any premises at which any live performance or live display of nudity is provided, which is of such a nature that it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience. Lap dancing, strip shows and similar entertainment fall under this definition and would need to be included on a premises licence if occurring regularly.

NB: A particular classification of Video Film (18 Restricted) can only be sold from a licensed sex establishment.

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

Application Evaluation Process

Applications must 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.

Will Tacit Consent Apply?

No. It is in the public interest that the authority grant a licence before you can operate as a sex establishment. If you have not heard from us within a reasonable period, please contact us.

Failed Application Redress

Please contact us, 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 us in the first instance.

A licence holder who wishes to appeal against a condition imposed on the grant of a licence can appeal to the 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, Citizens Advice Consumer Helpline will give you advice. From outside the UK contact the UK European Consumer Centre

To obtain an Application Form you can contact the Licensing Department using the details in the ‘Contacts’ tab or you can download a copy of the form from the Downloads section.

Licensing

West Lindsey District Council
Guildhall, Marshall's Yard
Gainsborough
Lincolnshire
DN21 2NA

Email:  licensing.2003@west-lindsey.gov.uk

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