Licence - sex establishment
Sex Establishments are required to be licenced under the Local Government (Miscellaneous Provisions) Act 1982.
A sex establishment can either be a sex shop or a sex cinema.
A sex shop is a premise used for business which consists to a significant degree of selling sex articles.
A sex cinema is any premise used to a significant degree for showing of films which are concerned primarily with, or relate to, or are intended to, stimulate sexual activity.
Apply online
The following forms can be submitted online using the government's Business Link website:
The law defines the way in which an application is made, which includes advertising the application in the local press and displaying a notice outside the premise for a specific time period to give passers by the opportunity to comment.
The application fee is £4,500 (non refundable).
When considering an application for a sex establishment licence the council may only use the following criteria:
- the suitability of the applicant,
- whether the person applying is a "front" for someone else,
- the location and situation of the premise in relation to other premises in the area,
- whether the number of sex establisments in the locality is equal to, or exceeds, the number which the council considers appropriate for the area.
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.
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 conditions or admits persons under the age of 18 is committing an offence.
Penalties upon conviction can range from £1,000 to £20,000.
Further information
A copy of the legislation can be viewed at the council offices where you can also obtain an application form (if you are unable to apply online) and a copy of our standard conditions.
For more information please email customer.services@hertsmere.gov.uk