Craven District Council

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Craven District Council

Sex Establishments

Sex Establishments

Sex Establishments

Sex establishments must be licensed under the Local Government (Miscellaneous Provisions) Act 1982, as amended by the Policing and Crime Act 2009.

The definition of a sex establishment includes:

  • Sex cinemas, at which R18-certificate films can be shown.
  • Sex shops, which are premises, vehicles or stalls used for selling, displaying or demonstrating sex articles (which may include R18-certificate videos and DVDs) or other things used in connection with sexual activity or acts of force or restraint associated therewith.
  • Sexual entertainment venues, which are premises at which entertainment comprising live sexually stimulating performances or displays of nudity is provided in front of an audience, for the financial gain of the organiser or performers. Provision of such entertainment on no more than 11 occasions per year, with at least a calendar month between each occasion, will not require a sex establishment licence.

Eligibility Criteria

An applicant must:

  • be over 18
  • ensure that no one under 18 works at or visits your premises
  • not be disqualified from holding a licence
  • have been a resident in the UK for the last 6 months, or be an incorporated UK body
  • not have been refused a licence or renewal in the last 12 months, unless the decision was later reversed
  • follow the conditions of your licence, e.g. regulating your opening hours, shop displays, advertisements and how visible the interior of your shop is from outside

Regulation Summary

Local Government (Miscellaneous Provisions) Act 1982

Policing and Crime Act 2009.

Application Evaluation Process

• Fees will be payable for applications and conditions may be attached.
• 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.
• 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 we must process your application before it can be granted. If you have not heard from us within a reasonable period, please contact us using the contact details provided.

Target Completion Period

60 calendar days.

Fees

Type Price
Grant/ Annual Fee £2000.00
Variation to license £1000.00
Transfer of license £260.00
Name Change £260.00
Sex Shop £150.00

How to Apply

Contact us to apply for a licence.

  • a scale plan of the premises which should be large enough to be easily read (which must show the layout of the Premises including: (i) performer's changing facilities; (ii) those areas to which the public are to be admitted (shown outlined in red); (iii) toilets; (iv) entrances and exits from the premises (including emergency exits); (v) any stage area (including an annotation as to the height of the stage); (vi) the location of any fixed structures (such as the bar area, fixed tables/seating or private booths); the area to be used for customer seating);
  • the licence fee.


A copy of the application must also be served on the Chief Officer of Police and advertising in accordance with the requirements of Schedule 3 of the 1982 Act.

Applicants must give public notice of their application by publishing an advertisement in a local newspaper and by displaying a notice on the premises.

Advertising Applications

An applicant for the grant, renewal or transfer of a licence under this Schedule shall give public notice of the application. Notice shall in all cases be given by publishing an advertisement in a local newspaper circulating in the appropriate authority's area. The publication shall not be later than 7 days after the date of the application.

Where the application is in respect of premises, notice of it shall in addition be displayed for 21 days beginning with the date of the application on or near the premises and in a place where the notice can conveniently be read by the public.

Contact

Address: Licensing, Craven District Council, 1 Belle Vue Square, Broughton Road, Skipton, North Yorkshire, BD23 1FJ

Phone: 01756 706251

Email: licensing@cravendc.gov.uk

Failed Application Redress

Please contact Craven District Council 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 Craven District Council in the first instance.

A licence holder who wishes to appeal against a condition can appeal to a local magistrates' court.

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.
 
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.

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 Service will give you advice. From outside the UK contact the UK European Consumer Centre.

Other Redress

Any person objecting to an application for the grant, renewal or transfer of a licence may give written notice of their objection to Craven District Council, stating the grounds of the objection, within 28 days of the date of the application.

Trade Associations

None