• Sex Establishment - Applications completed.

Sex Establishment Licensing

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01903 221068

licensing.unit@adur-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

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

Consultation on a new policy, for licensing such businesses in the borough, closed on 30 April 2010 and the Council would like to thank all those that responded. All relevant representations and the reasoning/evidence supporting the expressed views will be considered, noted and if necessary amendments made to the draft before it is re-presented to the full Council for adoption.

However, in addition to considering the above the council's Licensing & Control Committee will also consider further amendments to the policy caused by the Policing & Crime Act 2009. This new legislation has introduced adoptive provisions to reclassify lap dancing and pole dancing clubs etc. as sex establishments under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.

When the Licensing Act 2003 came into force in 2005, premises which offered lap dancing, pole dancing or similar entertainment were licensed in the same way as any other premises offering alcohol or entertainment and did not fall under the control of the sex establishment licensing regime. This was perceived by some to be a loophole in the L A 2003 allowing prospective sexual entertainment venues to take advantage of a regime established by the LA 2003 that was designed to regulate alcohol and general entertainment.  

The Policing and Crime Act 2009 introduces a new category of sex establishment to those previously included in the LGMPA, the sexual entertainment venue, as a way of strengthening Local Government control over such establishments.

Whilst the Council considered the implications of the introduction of the Policing & Crime Act 2009 and considered its position as to whether it was going to adopt the new provisions and powers available to it the adoption of a new Sex Establishment Licensing Policy had to be postponed.

In October 2010 the council voted to adopt the new provisions of this act necessitating major changes to the draft sex establishment licensing policy. Work on this is now nearly complete.

It is now proposed that the amended draft policy including the changes caused by the adoption of powers under the Policing & Crime Act 2009 will be re-considered by the Licensing & Control Committee later this year. A date of hearing will be announced on this website as soon as confirmed.  

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.

No Application

• There are currently no sex establishment applications outstanding.

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