• Sex Establishment - Applications completed.

Sex Establishment Licensing

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01903 221068

licensing.unit@worthing.gov.uk

Licensed Sex Shop - Image & Title

Local Government (Miscellaneous Provisions) Act 1982

Policy Documents

• Policy Documents

Both Worthing Borough Council and the Government often require feedback and public input into policy documents and will embark on public consultation. In this section you will find documents being consulted on at present:

Worthing Borough Council - Sex Establishment Licensing Policy Consultation

• Worthing Borough Council’s Statement of Sex Establishment Licensing Policy

Consultation – Request for Views/Comments

The Licensing of Sex Establishments (sex shops and sex cinemas) is regulated by Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.  

Whilst the Act does not require that Local Authorities publish a statement of Licensing Policy, Worthing Borough Council’s Licensing & Control Committee considered an application for a sex shop licence last year. At the meeting a number of members expressed their opinion that a formal sex establishment licensing policy might assist in any future deliberations regarding such applications.

As a result, this document has been prepared in accordance with the provisions of Schedule 3 of the act. It has been prepared as a starting point for members, the authorities and members of the public’s consideration.

The Council recognises that Sex Establishment Licensing is controversial and stimulates very emotive arguments. The draft policy provided will need to be considered section by section.  Whilst this document may suggest one particular approach it is only guidance and the reader will have to consider each point on its merit. However, it must be borne in mind that the Council does not have the right to, and will not, have regard to the morality of sex establishments. Its approval or disapproval of sex establishments is not a matter which can be considered. Consequently, straightforward objections on the grounds that 'sex establishments should not be allowed on moral grounds' will not be considered regarding sex establishment policy or applications.

The final policy document that the council adopts will detail the initial approach the council takes when considering future sex establishment licence applications but it must be noted that the policy can never be ‘set in stone’. Every application will be treated on its merit and the council can move away from and/or review any aspect of the policy at any time it wishes.

The draft policy can be accessed by clicking on the link below.

Comments and suggestions regarding the draft policy should be made in writing by post or email to the contact address below. Your representation and the reasoning/evidence supporting your views must be received before 30 April 2010 so that they can be considered, noted and if necessary amendments made to the draft before it is re-presented to the Council for adoption.

Sex Establishment Licensing

• Applications:

The following application(s) have been received by the licensing authority, Worthing Borough Council. Information regarding any sex establishment application is available from the Licensing Unit. Any persons living or working in the relative locality may make representation in writing to the authority regarding an application.

In addition to the statutory requirements the act specifies a number of issues that can be considered by the council's Licensing & Control Committee when considering a sex establishment application including:

• Unsuitability of the applicant by reason of conviction or any other reason.
• The number of sex establishments in the relevant locality. 
• Whether the grant of a licence would be inappropriate having regards to the character of the relevant locality, the use to which any premises in the vicinity are put, or the layout, character or condition of the premises.

Worthing Borough Council does not have the right to have regard to the morality of sex establishments. Its approval or disapproval of sex establishments is not a matter which can be considered. Straightforward objections on the grounds that sex establishments should not be allowed have no part to play in a local authority consideration regarding these types of premises.

None Pending

• There are no applications outstanding.

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