Sex establishments

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 (including 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.

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 and to any article containing or embodying matter to be read or looked at or anything intended to be used, either alone or as one of a set, for the reproduction or manufacture of any such article, and any recording of visions or sound which:

• Is 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.
• Is concerned primarily with the portrayal of, or primarily deal with or relate to, genital organs or urinary or excretory functions.

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.
• 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 may be used for an exhibition of a film (within the meaning of paragraph 15 of Schedule 1 to the Licensing Act 2003), by virtue of an authorisation of their use in accordance with that authorisation.
• 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 the Cinemas Act 1985.

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.

This is defined under Schedule 3 (as amended 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.

There are strict rules governing the licensing of sex establishments and we can grant or refuse to renew a licence depending on whether we consider them suitable for the local area and the number of similar premises already located there.

The fee for applying for a new licence, renewal, transfer, or variation is £8,979.

To apply, please complete a sex establishment licence application form and send it with the fee to us at the address below. You will also be required to provide the following documents with your 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.

When you have submitted your application, you must display a public notice on the premises. This must be printed on pink A3 paper and the text printed in black ink. The notice must be clearly visible from the street. The notice must remain in place for 21 days from the date of the application being submitted to the Council. The notice must identify the relevant premises.

Using the same wording, you must also arrange for a completed newspaper advert to be placed in a newspaper circulating in the area where the premises is located.

When we receive your application, we’ll check it has been submitted correctly and is accompanied by the correct fee and any other required documentation.

If the information is correct, when we validate your application, a consultation exercise will be conducted with the Police, fire authority, the Council’s Planning and Environmental Health teams, Surrey County Council’s Children Services and Trading Standards.

Consultation may also 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 Council. This consultation will allow authorities and others 28 days to submit their comments.

We will let you know if we receive objections to your application and will send you anonymised copies of the objections.

All applications for grant, transfer and variation must be heard by the Council’s Licensing Committee. Renewal applications which receive objections must also be heard by the Licensing Committee. We will contact you to let you know when this will take place.

The Committee will consider if you, as the applicant, are suitable to hold the licence, if the application meets our policy and whether it is in a suitable location.

You can make representations to the Committee, along with any objectors.

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.
• 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 the applicant made the application themselves.

Considerations the granting of the licence would be inappropriate, would include:

• The character of the locality.
• How any premises in the vicinity will be used.
• 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.

Where the Council refuses to grant, renew, or transfer a licence, it will provide in writing to the applicant the reasons for its decision. If you are not granted a licence or do not agree with any conditions applied to a licence you can appeal to the Magistrates’ Court.

For more information and details of restrictions that will apply visit www.gov.uk. You can apply online. If you prefer to apply by post please complete and return our Sex establishment application form.

A licence will remain in force for one year or such shorter period specified in the licence as the 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 the date has passed until the withdrawal of the application or its determination by the 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.