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Sex Establishments

Sex establishments are sex shops, sex cinemas and sexual entertainment venues including lap dancing, strip shows and table dancing activities amongst others.

 

Vale-of-Glamorgan-Council-logo

Department: 

Licensing Team, Vale of Glamorgan Council, Civic Office, Holton Road, Barry, CF63 4RU

 

Application Process 

To make an application for the grant, renewal or transfer, you will need to provide us with the following:

  • A completed application form
  • Application fee
  • Annex A - must be completed and submitted for each manager / relief manager
  • Annex B - provides information on what documents are to be submitted, requirements for the layout plan
  •  Advertisement

    Applicants for a grant, renewal or transfer of a licence need to advertise their application in a local newspaper. This advertisement must be made no later than 7 days after the date of the application.

     

    Where the application is in respect of premises, notice of it shall also be displayed for 21 consecutive days beginning with the date of the application on or near the premises and in a place where the notice can be conveniently read by the public. Large premises or buildings which are set back from the main through fare may require more than one notice at the discretion of the Council. The notice must identify the relevant premises.

     

    Every notice which relates to a vehicle, vessel or stall must specify where it is to be used as a sex establishment.

     

    Duty to notify police

    In the case of electronic applications:

    A copy of an application for the grant, renewal or transfer of a licence will be sent by the licensing authority to the Chief Officer of Police within 7 days of the application having been received.

     

    In any other case:

    The applicant shall not later than 7 days after the date of the application send a copy of the application for the grant, renewal or transfer of a licence to the Chief Officer of Police.

  •  Consultation

    On receipt of your application consultation may be carried out with the Police, Fire Authority, the Council’s Planning, Environmental Health, Children Services and Trading Standards.

     

    In addition consultation may be undertaken with local residents associations, parish councils, local ward members and in some cases neighbouring properties/residents or any other relevant person as deemed appropriate by the Vale of Glamorgan Council.

  •  Objections

    Where a person wishes to object to an application for a grant, renewal or transfer of a licence shall give notice in writing of his objection to Vale of Glamorgan Council, stating the general terms the grounds of the objection not later than 28 days after the date of the application.

     

    Where objections are received, before considering the application, Vale of Glamorgan Council will give notice in writing of the general terms of the objection to the applicant.

     

    Vale of Glamorgan Council will not without the consent of the person making the objection reveal his/her name or address to the applicant.

     

    In considering any application for the grant, renewal or transfer of a licence Vale of Glamorgan Council will have regard to any observations submitted by the Chief Officer of Police, and any objections.

  •  Considerations

    All applications for grant, transfer and variation must be heard by the Council’s Licensing Committee. In addition renewal applications that receive objections must be heard by the Licensing Committee.

     

    The refusal of an application for the grant, renewal or transfer of a Sex Establishment Licence may be undertaken based on the following criteria:

    • the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reasons
    • that if the licence were to be granted, renewed or transferred the business to which it relates would be managed or carried on for the benefit of a person, other than the applicant, who would be refused the grant, renewal or transfer of such a licence if he made the application himself

     

    Consideration that the grant of the licence would be inappropriate, having regard to:

    • the character of the locality
    • to the use to which any premises in the vicinity are put, or
    • to the layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made
    • the levels of crime and disorder in the area

     

  •  Refusal of a licence

    Where Vale of Glamorgan Council refuses to grant, renew, or transfer a licence, it will provide in writing to the applicant a statement containing the reasons for it's decision.

  •  Variation of licence
    The holder of a licence may at any time apply for a variation of the terms, conditions or restrictions on or subject to which the licence is held as may be specified in the application.

 

 

Tacit Consent

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.

 

The target time period is 28 calendar days.

This may be extended if objections are to be considered by the Licensing Committee.

 

Background and Eligibility Criteria

  •  The Applicant
    • must be at least 18 years old
    • must not be disqualified from holding a sex establishment licence
    • must have been resident of an EEA State at least six months immediately before the application or, if a body corporate, must be incorporated in an EEA State
    • 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.





  •  Sex Cinema 

    A ‘sex cinema’ is any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced, which:

    • are concerned primarily with the portrayal of, or primarily deal with or relate to, or are intended to stimulate or encourage sexual activity; or acts of force or restraint which are associated with sexual activity; or
    • are concerned primarily with the portrayal of, or primarily deal with or relate to, genital organs or urinary or excretory functions
    • A sex cinema does not include a dwelling-house to which the public is not admitted

     

    A premises shall not be treated as a sex cinema by reason only:

    • if they are licensed under Section 1 of the Cinemas Act 1985, of their use for a purpose for which a licence is required; or
    • of their use for an exhibition to which section 6 of that Act (certain non-commercial exhibitions) applies given by an exempted organisation within the meaning of section 6(6) of that Act.

     

  •  Sex Shop

    A ‘sex shop’ means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating:

    • sex articles
    • other things intended for use in connection with, or for the purpose of stimulating or encouraging sexual activity; or acts of force or restraint which are associated with sexual activity

     

    No premises shall be treated as a sex shop by reason only of their use for the exhibition of moving pictures by whatever means produced.

     

    A sex shop licence entitles the licence holder to sell films (inc. DVDs and videos) classified as R18 by the British Board of Film Classification (BBFC). Such films may be supplied to adults only on the premises of a licensed sex shop.

    It is an offence to sell such films from unlicensed premises or by mail order.

  •  Sexual Entertainment Venue

    A 'sexual entertainment venue' is any premises where relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.

  •  Relevant Entertainment

    This is defined under Schedule 3 (as mended by section 27 of the Policing and Crime Act 2009) as any live performance or any live display of nudity of such a nature that, regardless of financial gain, it must reasonably be assumed to be provided solely or primarily for the purpose of sexually stimulating any member of the audience whether by verbal or other means.

  •  Sex Article

    A 'sex article' is anything for use in connection with or for stimulating or encouraging sexual activity or acts of force or restraint which are associated with sexual activity

 

 

Conditions 

Additional conditions may be applied as deemed necessary by the Licensing Authority or Responsible Authority.

 

Fees

fees
Type Fee
Grant £3,000
Renewal £2,000
Transfer £2,000
Variation N/A

 

Supplementary Information 

Annex B - Documents

Annex B contains a list of documents to accompany the application as below; also requirements for the layout plan and documents required to evidence the public notice and service. Documents to accompany the application:

  • A site scale plan (1:1250).
  • Drawings showing the front elevation as existing
  • Drawings showing the front elevation as proposed including proposed signage, advertising and window display
  • Planning permission
  • Scale layout plan
  • Certificate of lawful use or development
  • If the Applicant is a company, copies of the Memorandum and Articles of Association of the Company
  • If the Applicant is a partnership, a certified copy of the Partnership Deed
  • A copy of any other licences for the premises, vehicle, vessel or stall
  • Code of Practice for Performers
  • Rules for Customers
  • Policy for Welfare of Performers

 

How long does the licence last?

A licence will remain in force for one year or such shorter period specified in the licence as Vale of Glamorgan Council think fit.

 

Where before the date of expiry of a licence, an application has been made for its renewal, it shall be deemed to remain in force notwithstanding that the date has passed until the withdrawal of the application or its determination by Vale of Glamorgan Council.

 

Where before the date of expiry of a licence, an application has been made for its transfer, it shall be deemed to remain in force with any necessary modifications until the withdrawal of the application or its determination, notwithstanding that the date has passed or that the person to whom the licence is to be transferred if the application is carrying on the business of the sex establishment.

 

Rights of entry

Where a warrant is granted by a justice of the peace, a police constable or authorised officer of a local authority may at any reasonable time, enter and inspect any sex establishment in respect of which a licence is for the time being in force with a view to ascertaining various offences.

 

Transmission and cancellation of licences

In the event of the death of the holder of a licence granted that licence shall be deemed to have been granted to his personal representatives and shall, unless previously revoked, remain in force until the end of the period of 3 months beginning with the death and shall then expire. 

 

The appropriate authority may from time to time on the application of those representatives, extend or further extend the period of three months if the authority are satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable.

 

Cancellation

Vale of Glamorgan Council may, at the written request of the holder of a licence cancel the licence.

 

Offences and Penalties

A person who:

  • knowingly uses, or knowingly causes or permits the use of, any premises, vehicle, vessel or stall except under and in accordance with the terms of a licence
  • being the holder of a licence for a sex establishment, employs in the business of the establishment any person known to him to be disqualified from holding such a licence
  • being the holder of a licence, or the servant or agent of the holder of a licence, without reasonable excuse knowingly contravenes, or permits the contravention of a term, condition, or restriction specified in the licence
  • in connection with an application for the grant, renewal or transfer of a licence, makes a false statement which he knows to be false in any material respect or which he does not believe to be true, shall be guilty of an offence
  • without reasonable excuse knowingly permits a person under the age of 18 years of age to enter an establishment
  • employs a person known to him to be under 18 years of age in the business of the establishment

shall be guilty of an offence liable on summary conviction to a fine not exceeding £20,000.

 

A person who fails to keep exhibited a copy of the licence and any conditions at a premises shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1000).

 

A person who without reasonable excuse refuses to permit a constable or authorised officer to exercise their power of entry under warrant, shall for every such refusal be liable on summary conviction to a fine not exceeding level 5 of the standard scale (currently £5000).

 

Where a licence is revoked, its holder shall be disqualified from holding or obtaining a licence in Vale of Glamorgan for a period of 12 months beginning with the date of revocation.

 

Offences by bodies corporate

Where an offence committed by a body corporate is proved to have been committed with consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate, shall be guilty of the offence.

 

Where the affairs of a body corporate area managed by its members, the above situation shall apply to the acts and defaults of a member in connection with his function of management as if he were a director of the body corporate.

 

Complaint and Other Redress

  •  Failed Application Redress

    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Right of appeal

    Subject to various provisions within the Local Government (Miscellaneous Provisions) Act 1982 any person aggrieved by:

    • a refusal to be granted, renewed or transferred a licence
    • any terms, conditions or restrictions on a licence or the refusal to vary such terms, conditions, or restrictions




    may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper. Appeals should be lodged 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





    an appeal against a decision made at the Magistrates Court may be appealed at the Crown Court but the decision of the Crown Court is final.

  •  Licence Holder Redress
    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Right of appeal

    Subject to various provisions within the Local Government (Miscellaneous Provisions) Act 1982 any person aggrieved by:

    • a refusal to be renewed or transferred a licence
    • any terms, conditions or restrictions on a licence or the refusal to vary such terms, conditions, or restrictions
    • the revocation of a licence






    may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper. Appeals should be lodged 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

    an appeal against a decision made at the Magistrates Court may be appealed at the Crown Court but the decision of the Crown Court is final.

  •  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 of a letter with proof of delivery. 

     

    If that has not worked and you are located in the UK Consumer Direct will be able to give you advice.    

     

    If you have a complaint from across Europe contact the UK European Consumer Centre.

 

 

 

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