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Sex Establishment

Sex Establishments are required to be licensed under the Local Government (Miscellaneous Provisions) Act 1982.
  • A sex establishment can either be a Sex Shop or a Sex Cinema.
  • 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 showing of films which are concerned primarily with, or relate to, or are intended to simulate sexual activity.
The law defines the way in which an application is made, which include advertising notice of the application in the local press and displaying a notice outside the premises for a specific time period to give passers by the opportunity to comment by a statutory closing date.
 
When considering an application for a sex establishment licence the Council may only use the following criteria:
  • The suitability of the Applicant
  • Whether the person applying is a "front" person for someone else
  • The location and situation of the premises in relation to other premises in the area
  • Whether the number of sex establisments in that locality is equal to, or exceeds the number which the Council considers appropriate for the area

Your Right of Appeal

  1. Any person aggrieved by a refusal to be granted a licence or by any condition to which a licence is subject may appeal to the Magistrates' Court.
  2. 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.

Offences and Penalties

  1. Anybody who operates a sex establishment without a licence or fails to comply with licence condition or admits persons under the age of 18 is committing an offence.
  2. Penalties upon conviction can range from £1,000 to £20,000.

Further Information

Copies of the Local Government (Miscellaneous Provisions) Act 1982 can be purchased from Her Majesty's Stationery Office.
 
A copy of the legislation can be viewed at the Council Offices where you can also obtain an application form and a copy of our standard conditions.
 
If you wish to make an application for a Sex Shop Establishment Licence please click on the link below to download the relevant application form:-
 
The following forms are all in Adobe Acrobat PDF format.

Download Sex Shop Application Form Sex Shop Application Form (PDF, 51 Kb)   

Completed Forms

Completed application forms for a Sex Shop Establishment Licence together with the relevant documents and fee should be returned either in person or by post to the Licensing Group.
 

Contact Information 

Phone: 0845 050 4434 Ext 7481 or 7438   (Fax: 01539 740300)
Post: Public Health & Licensing Group, Community Services Directorate, South Lakeland House, Lowther Street, Kendal