Home Page

Sex Establishment Regulations

Introduction

Meaning of Terms

In these Regulations save where the context otherwise requires the following expressions shall have the following meanings: "Sex Establishment" "Sex Cinema" "Sex Shop" and "Sex Article" shall have the meanings ascribed to them in the Third Schedule of the Local Government (Miscellaneous Provisions) Act 1982. "Premises" means a building or part of a building and any forecourt yard or place of storage used in connection with a building or part of a building which is the subject of a licence for a Sex Establishment granted under the said Third Schedule. "Approval of the Licensing Authority" or "Consent of the "Licensing Authority" means the approval or consent of the Licensing Authority in writing. "Approved" means approved by the Licensing Authority in writing. "The Licensing Authority" means the Ashfield District Council. "Film" shall have the meaning ascribed to it in the Film Acts 1960 -­1980. 

General

In the event of a conflict between these Regulations and any special conditions contained in a licence relating to a Sex Establishment, the special conditions shall prevail. The grant of a licence for a Sex Establishment shall not be deemed to convey any approval or consent which may be required under any enactment bye-law order or regulation other than the Third Schedule of the Local Government (Miscellaneous Provisions) Act 1982 as amended. 

The marginal notes inserted in these Regulations are inserted for the purposes of convenience only and shall not affect in any way the meaning or construction thereof.

Acknowledgement

These conditions are based on the conditions detailed in the regulations adopted by the City of Westminster and are reproduced (as amended) by permission of that Authority. 

Times of Opening

1. Except with the previous consent of the Licensing Authority a Sex Establishment shall not be open to the public before 9.00a.m. and shall not be kept open after 6.00p.m.

2. Except with the previous consent of the Licensing Authority, a Sex Establishment shall not be open on Sundays or any Bank Holidays or any Public Holidays. 

Conduct and Management of Sex Establishments

3. Where the Licensee is a body corporate or an unincorporated body any change of director, company secretary or other person responsible for the management of the body is to be notified in writing to the Licensing Authority within fourteen days of such change and such written details as the Licensing Authority may require in respect of any new director secretary or manager are to be furnished within fourteen days of a request in writing from the Licensing Authority.

 4. The Licensee or some reasonable person nominated by the Licensee in writing for the purpose of managing the Sex Establishment in the Licensee's absence and of whom details (including photographs) have been supplied to and approved in writing by the Licensing Authority shall be in charge of and upon the Premises during the whole time they are open to the Public.

5. The name of the person responsible for the management of a Sex Establishment, whether the Licensee or a manager approved by the Licensing Authority shall be prominently displayed within the Sex Establishment throughout the period during which that person is responsible for its conduct.

6. The Licensee shall maintain a daily register in which shall be recorded the name and address of any person who is to be responsible for managing the Sex Establishment in the Licensee's absence and the names and addresses of those employed in the Sex Establishment. The Register is to be completed each day within thirty minutes of the Sex Establishment opening for business and is to be available for inspection by the Police and by authorised officers of the Licensing Authority.

7. The Licensee shall retain control over all portions of the Premises and shall not let, licence or part with possession of any part of the Premises. 

8. The Licensee shall maintain good order in the Premises. 

9. No person under the age of 18 shall be admitted to the Premises or employed in the business of a Sex Establishment. 

10. The Licensee shall ensure that the public is not admitted to any part of parts of the Premises other than those which have been approved by the Licensing Authority. 

11. The Licensee shall ensure that no part of the Premises shall be used by prostitutes (male or female) for soliciting or for any immoral purposes.

12. Neither the Licensee nor any employee or other person shall seek to obtain custom for the Sex Establishment by means of personal solicitation outside or in the vicinity of the Premises.

13.The Licensee shall comply with all statutory provisions and any regulations made thereunder.

14. The Licensee shall ensure that during the hours the Sex Establishment is open for business every employee wears a badge of a type approved by the Licensing Authority indicating the employee's name and that person is an employee.

15. The copy of the licence and of these Regulations required to be exhibited in accordance with paragraph 14(1) of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 shall be reproductions to the same scale as those issued by the Licensing Authority.

The copy of the licence required to be displayed as aforesaid shall be suitably framed and the copy of these Regulations shall be retained in a clean and legible condition.

User

16. A Sex Shop shall be conducted primarily for the purpose of the sale of goods by retail.

17. No change of use of any portion of the Premises from that approved by the Licensing Authority shall be made until the consent of the Licensing Authority has been obtained thereto.

18. No change from a sex cinema to a sex shop or from a sex shop to a sex cinema shall be effected without the consent of the Licensing Authority.

19. Neither Sex Articles nor 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 shall be displayed, sold, hired, exchanged, loaned or demonstrated in a sex cinema.

Goods Available in Sex Establishments

20. All Sex Articles and other things displayed for sale, hire exchange or loan within a Sex Shop shall be clearly marked to show to persons who are inside the Sex Shop the respective prices being charged.

21. All printed matter, films and video films offered for sale, hire, exchange or loan shall be openly displayed and available for inspection prior to purchase and a notice to this effect is to be prominently displayed within the Sex Establishment.(This regulation does not require that films or video films be exhibited (played) to customers).

22. No film or video film shall be exhibited, sold or supplied unless it has been passed by the British Board of Film Classification or such other authority performing a similar scrutinising function as may be notified to the Licensee by the Licensing Authority and bears a certificate to that effect and is a reproduction authorised by the owner of the copyright of the film or video film so certified.

23. The Licensee shall without charge display and make available in the Sex Establishment such free literature on counselling on matters related to sexual problems as may be published by the Family Planning Association and by such other similar organisations as may be specified and in particular any such material relating to AIDS as may be supplied by the Licensing Authority.Such literature is to be displayed in a prominent position approved by the Licensing Authority adjacent to all cash collection points in the Sex Establishment.External Appearance

24. No display, advertisement, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing, or any matter or thing (whether illuminated or not) shall be exhibited so as to be visible from outside the Premises except:- (i) Any notice of a size and in a form approved by the Licensing Authority which is required by law to be displayed so as to be visible from outside the Premises or by any condition of a licence granted by the Licensing Authority.(ii) Such display, advertisement, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing, or any matter or thing as shall have been approved by the Licensing Authority.

25. The entrances to the Premises shall be of a material or covered with a material and so arranged as to render the interior of the Premises invisible to passers by at all times.

26. Windows and openings to the Premises other than entrances shall not be obscured otherwise than with the consent of the Licensing Authority but shall have suspended behind them, in a position and at an attitude approved by the Licensing Authority, opaque screens or blinds of a type and size approved by the Licensing Authority.This regulation shall not be construed as lessening the obligation of the Licensee under Regulation 24 hereof.State, Condition and Layout of the Premises

27. The Premises shall be maintained in good repair and condition.

28. Lighting in all parts of the premises as approved by the Licensing Authority shall be in operation continuously during the whole of the time that the Sex Establishment is open to the public.

29. The number, size and position of all doors or openings provided for the purposes of the ingress and egress of the public shall be approved by the Licensing Authority and shall comply with the following requirement:- (i) All such doors or openings approved by the Licensing Authority shall be clearly indicated on the inside by the word "exit".(ii) Doors and openings which lead to parts of the Premises to which the public are not permitted to have access shall have notices placed over them marked "private".(iii) Save in the case of emergency no access shall be permitted through the Premises to any unlicensed premises adjoining or adjacent.

30. The external doors to the Sex Establishment shall be fitted with a device to provide for their automatic closure and such devices shall be maintained in good working order.

31. The Licensee shall, to the satisfaction of the Licensing Authority, make provision in the means of access both to and within the Sex Establishment for the needs of members of the public visiting the Sex Establishment who are disabled.

32. No fastenings of any description shall be fitted upon any booth or cubicle within the Sex Establishment nor shall more than one person (including any employee) be present in any such booth or cubicle at any time.

33. No alterations or additions either internal or external and whether permanent or temporary to the structure, lighting or layout of the Premises shall be made except with the prior approval of the Licensing Authority.

34. All parts of the Premises shall be kept in a clean and wholesome condition to the satisfaction of the Licensing Authority.

35. The Licensee shall take all reasonable precautions for the safety of the public and employees.

36. The Licensee shall comply with any fire prevention and safety measures that may be required by the Licensing Authority.

37. The Premises shall be provided with fire appliances suitable to the fire risks of the Premises and such fire appliances shall be maintained in proper working order and shall be available for instant use.