Licence summary
The Local Government (Miscellaneous Provisions) Act 1982 states that a sex establishment can be either a sex shop or a sex cinema. In addition, the Policing and Crime Act 2009 came into force on 6 April 2010, and this makes provision for Local Authorities to control the licensing of sex entertainment venues (SEVs).
The Policing and Crime Act 2009 (“the Act”) took effect on 6 April 2010. Section 27 of the Act introduces a new category of sex establishments called “Sexual Entertainment Venues” (SEV) which allows Local Authorities to regulate lap dancing clubs. The provisions of section 27 are to be inserted in Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982. The Act enables the Authority to exercise control over the number and location of lap dancing and similar venues within the Borough. The provisions allow the Authority the power to refuse applications on wider grounds than permitted under the Licensing Act 2003, and gives residents a greater say over the regulation of such premises.
In April 2010, this Authority adopted schedule 3 of the Local Government Miscellaneous Provisions Act 1982, and subsequently adopted a Sexual Entertainment Venue and Sex Establishment Policy in July, which took effect 1 August 2010.
A sex shop is a premises used for business which consists to a significant degree of selling sex articles. A sex cinema is any premises used to a significant degree for the showing of films which are concerned primarily with, relate to, or are intended to stimulate sexual activity.
A sexual entertainment venue is defined as "any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer". Relevant entertainment is "any live performance or live display of nudity which is of such nature that, ignoring financial gain, it must be reasonably assumed to be provided solely or principally for the purposes of sexually stimulating any member of an audience". An audience can consist of just one person, eg where the entertainment takes place in private booths.
To run a sex establishment or sexual entertainment venue you will need a licence from the Local Authority.
To request an application pack, or to request a printed copy of the Policy, please contact Customer Services by email or telephone using the contact details at the bottom of this page.
Download a copy of the Policy (pdf - 173kb)
However, you may apply to the Local Authority requesting them to waive the requirement of a licence.
Eligibility Criteria
An applicant:
• must be at least 18 years old
• must not be disqualified from holding a licence
• 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
A summary of the regulation relating to this licence
Application Evaluation Process
Applications must be in writing (including by electronic means) and contain any information the Local Authority requires. As well as the applicant's name and address, where the applicant is an individual, their age, plus the address of the premises is required.
Applicants must give public notice of their application by publishing an advertisement in a local newspaper.
Fees will be payable for applications and conditions may be attached. The fee is based upon an application and operating fee. Should the application not be granted, you will be refunded half the fee. If you require any assistance throughout the application process, please contact us using the details below.
Will Tacit Consent Apply?
No. It is in the public interest that the Authority must process your application before it can be granted. If you have not heard from the Local Authority within a reasonable period, please contact us. You can do this online if you applied through the UK Welcomes service or use the contact details below.
Apply online
The EU Services Directive took effect in late December 2009 with an aim to open up the European Internal Market to cross-border trade in services. There is a requirement for Local Authorities to make certain licensing processes available online.
An online portal, "EUGO", has been established so that service providers can source information with regards to doing business within Europe. In the UK, the portal is called UK Welcomes and is hosted by Business Link.
Apply for a licence for a sex establishment
Tell us about a change to your existing sex establishment licence
Failed Application Redress
Please contact your Local Authority in the first instance.
Any applicant who is refused a licence, or refused the renewal of a licence, may appeal to the local magistrates' court within 21 days of being notified of the refusal.
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 your Local Authority in the first instance.
A licence holder who wishes to appeal against a condition can appeal to a local 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, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.
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.
Other Redress
Any person objecting to an application for the grant, renewal or transfer of a licence may give written notice of their objection to the relevant authority, stating the grounds of the objection, within 28 days of the date of the application.
Trade Associations
None.
Further Information
Telephone: 01372 732000
email: contactus@epsom-ewell.gov.uk