Sex establishments licence - Print version

About sex establishment licences

To run a sex shop - i.e. any premises selling sex toys, books or videos - you may need a licence from the Licensing Authority issued under the provisions of the Local Government (Miscellaneous Provisions) Act 1982 as amended by the City of Westminster Act 2007.

To run a venue where explicit films are shown to members of the public, you also need a licence from the Licensing Authority.

Eligibility criteria

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 as a person or for someone else.
• The location and situation of the premises in relation to other premises in the area.
• Whether the number of sex establishments in that locality is equal to, or exceeds the number that the council considers appropriate for the area.

Application process

The applicant (or representative) may attend the meeting of the Licensing and Regulatory Committee at which the application is considered and must be informed in writing of this right.

Consideration of the application takes the same form as a hearing (e.g. for Premises licence applications).  The Chair informs the applicant of the Committee's decision, at the meeting, and this will be confirmed in writing, to include any right of appeal (if appropriate).

Tacit consent does not apply to this licence.

Apply for a sex establishment licence

Apply for a sex establishment licence on GOV.UK [https://www.gov.uk/apply-for-a-licence/sex-shop-and-cinema-licence/coventry/apply-1].

Charges

The fee is currently set at £7220.00

• Renewal fee: £1510.00
• Sexual Entertainment Venue Transfer or Variation fee: £1,510.00
• Sexual Shop Transfer or Variation fee: £1,510.00

Supplementary information

a) Applicants have to apply on a standard application form, to the Council with a copy to West Midlands Police within seven days - (attached with letter).

b) A copy of the application to be forwarded to West Midlands Police within seven days of being sent to the City Secretary.

(c) A notice to be published in the Coventry Telegraph, within seven days of your application and inviting written comments to be submitted to the City Secretary within 28 days of the application.

(d) A notice to be displayed on or near the premises in question, where it can be easily seen by the public, for a period of 21 days from the date of application, and inviting written comments to be submitted to the City Secretary within 28 days of the notice being posted. This notice may be in the same form as the notice published in the Coventry Telegraph.

(e) Following expiry of the notice period a certificate to be sent to the City Secretary confirming the publication and display of the notices.

Right of appeal

An applicant whose application has been refused may appeal to the Magistrates where the grounds for refusal are mandatory (see note 3) or where an applicant has a criminal record or where the manager (i.e. not the licensee) would have been refused a licence had he or she applied in their own right.

The appeal must be lodged within 21 days of notification of refusal.  Applicants who have been refused a licence for other (discretionary) reasons should appeal to the High Court.

Length of licence

The licence lasts for one year or shorter.

Change of circumstances

• For the same premises the licence may be transferred to another holder.
• For new premises with the same management a new application is required.
• Notice of a transfer to another holder or premises requires notification to the Police and an advertisement in the local paper.
• The period of transfer is to the end of the period of the first licence.
• Grounds for refusal of a transfer are the same as those for a new application.

Make a change to your licence on the GOV.UK website [https://www.gov.uk/apply-for-a-licence/sex-shop-and-cinema-licence/coventry/change-1]

Public registers

The public registers of all applications made to the council under the Licensing Act 2003 are available to view through our online licensing register [http://licensing.coventry.gov.uk/MVM/Online/EGov/License_Registers/Registers_Criteria.aspx].