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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 shop means any premises, vehicle, vessel or stall used for a business that consists of selling, hiring, exchanging, lending, displaying or demonstrating sex articles, to a significant degree. There are no licensed sex shops in the Borough of Hinckley & Bosworth at the present time.
Sexual entertainment venues
The Policing & Crime Act 2009 introduces a new category of premises, a sexual entertainment venue.
Premises falling within this definition become a sex establishment within the meaning of the Local Government (Miscellaneous Provisions) Act 1982 and become licensable in the same way as sex shops and sex cinemas.
A sexual entertainment venue is defined as being a premises where a live performance or display of nudity takes place which is for the purpose of sexually stimulating a member of the audience.
In December 2010 we resolved to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009 so that the provisions for the control of sexual entertainment venues would apply in this borough. The amended Schedule 3 gives us more powers to control the number and location of lap dancing clubs and similar venues in the area. The new powers took effect from April 2011.
The forms of 'relevant' entertainment commonly understood to be connected with sexual entertainment venues are (this is not a comprehensive list):
- Lap dancing
- Pole dancing
- Table dancing
- Strip shows
- Peep shows
- Live sex shows
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).
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