Application to licence a sex shop

In 1983 Hinckley & Bosworth Borough Council adopted the legislation to licence sex shops within our borough. Schedule 3 of the Local Government (Misc Provisions) Act 1982, covers the licensing of sex shops.

Sex shops means any premises, vehicle, vessel or stall used for a business that consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating sex articles. There are no licensed sex shops in the Borough of Hinckley & Bosworth at the present time.

Sexual Entertainment Venues

The Policing and Crime Act 2009 has made it possible for local authorities to control other sex establishments, such as lap dancing venues. Hinckley & Bosworth Borough Council will be considering whether to adopt these new powers and, if so, what it's policy should be. Formal consultation on this will take place between early in 2011.
 

Sex establishments

Under Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, a licence is required for premises used as a sex establishment - i.e. sex cinemas or sex shops.

Sex cinema

This means any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures which are:

• Concerned primarily with the portrayal of or are intended to stimulate or encourage sexual activity
• Concerned primarily with the portrayal of genital organs or urinary or excretory functions

However, there are two exceptions:

• A dwelling-house to which the public is not admitted
• Premises only being used for purposes for which they are licensed under Section 1 or Section 6 of the Cinemas Act 1985

Sex shop

This 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

The sale of R18 videos and DVDs requires a sex shop licence in all circumstances.

A licence is needed to run a sex establishment unless:

• The establishment is used only for the sale, supply or demonstration of articles primarily used for or related to birth control or
• The council has waived the requirement for a licence

The council requires various inspections and consultation with council departments, external organisations/services and the public before an application for a licence will be considered.

If such a licence is granted the premises must comply with all conditions of licence to prevent any offence to members of the public and to protect those under the age of 18.

Certain factors need to be considered when application for a sex shop licence is made. These factors may include whether or not the premises are in an inappropriate location, for example near a school, a place of worship or family shopping area.

All applications must be advertised.

A public notice must be displayed in one of the local newspapers (for one night only, but allowing 28 days for objections to be received by this office) and on the premises, where it is easily seen by members of the public, for 28 days.

Please read the form and guidance notes before using the application form to apply for your licence.

Alternatively you can apply using an online form.