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Sex establishment

Sex establishment

Before you apply for any licence, please make sure you read all the licensing information below.

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Apply for a sex shop and cinema licence

Apply to change a sex shop and cinema licence

Licence summary

A licence is needed before a sex establishment can be operated in North Kesteven. There are three types of sex establishments; a sex cinema, sex shop or sexual entertainment venue.

This includes any shop selling sex articles (toys, books or videos) to a significant degree - or cinema showing adult categories of film.

The category “Sexual Entertainment Venue” includes the following forms of entertainment as they are commonly understood:

  • Lap dancing
  • Pole dancing;
  • Table dancing;
  • Strip shows;
  • Peep shows;
  • Live sex shows.

There is an exemption for premises which provide such entertainment less frequently than once a month. NB (18 Restricted) Videos 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

Regulation summary

Local Government (Miscellaneous Provisions) Act 1982

Application evaluation process

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

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 Tacit Consent does not apply. It is in the public interest that the authority must process your application before it can be granted. This means you must wait for the council to determine your application before you can operate 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, using the details in the ‘Contacts’ tab above.

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

Licensing

North Kesteven District Council
Kesteven Street
Sleaford
Lincolnshire
NG34 7EF

Tel: 01529 414155
Fax: 01529 308394
Email: licensingteam@n-kesteven.gov.uk