Guidance to Licensing a Sex Establishment

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licensing.unit@adur-worthing.gov.uk

Guidance on the licensing of sex establishments

Introduction

All sex establishments seeking to operate in the Adur district or borough of Worthing are required to be licensed by the respective Licensing Authority. The Act gives some guidance on the grounds to be considered when determining an application for a sex establishment which are defined by the Local Government (Miscellaneous Provisions) Act 1982 as sex cinemas or sex shops.

Application process

The licence application form should be completed and returned with the appropriate fee. The applicant will need to advertise the application by way of a public notice placed in the local newspaper within 7 days of the date of the application, in a format agreed by the council. They must also place a notice on or near the premises for a period of 21 days beginning on the date of the application. Objections in writing, stating the relevant grounds for the objection, will be considered if received within 28 days of the advert.  The council will carry out a consultation process where views are sought from:

• Sussex Police
• West Sussex Fire & Rescue Service
• Adur & Worthing Council Services Environmental Health Department
• Adur & Worthing Council Services Planning Department
• Community Safety Department
• Local ward councillors
• Neighbouring householders and businesses within 50 meters of the premise.

Consideration of the application

The Act specifies a number of issues which should be considered:

• 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.

The Licensing Authority 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 premises.

• Each application shall be considered on its own merits, following the appropriate consultation.
• Any sex establishment licence may be granted subject to Conditions imposed by the Licensing authority, which may differ depending on location.
• Any initial sex establishment licence shall be granted for 12 months.

Applications shall be decided by way of a hearing held by the Licensing Authority. The applicant shall be invited to present their case to the committee usually at a public meeting, however, this can be held in private if it is felt necessary to guarantee a fair hearing. The committee will consider the applicant's case and any relevant written objections and may hear verbal objections, if required to assist its decision. A written decision is published within 5 working days including the reasons for that decision though in practice the committee usually gives a verbal decision on the day.  

Renewal or transfer of licences

All licences shall be reviewed at the time of renewal or following a request for transfer, to consider any complaints or objections received relating to relevant issues under the legislation, and any breaches of conditions. The police will comment on the suitability of the applicant in relation to a transfer.

Where an existing licence is due for renewal, and no justified complaints or breaches of conditions have occurred, then the licence will be renewed. In addition when considering renewal applications any representations that refer to issues that have already been considered and resolved by the Licensing Authority at a previous hearing may be deemed as irrelevant unless changed circumstances deem it appropriate that the issue be reconsidered. 

Note: Renewals and Transfers need to follow the same legal process of advertising etc. as an initial application as detailed above.

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