Sex Establishments information

By law, nobody can operate a sex shop unless they are licensed by their local authority. A licence usually lasts for one year.

A sex establishment is any place where articles intended to encourage sexual activity are sold or displayed. This includes Rated 18 certificated videos or DVDs which can only be sold from licensed premises. Cinemas used for the showing of R18 films are also sex establishments

When we receive an application for a sex establishment we will consult with people who are likely to be affected by the application, including the Police.

Before we issue a licence, people in the area must be given the opportunity to comment on or object to the application. You must advertise in the local press and display a notice outside the premises for 21 days. You can find templates of these notices by following the links to the right of the page. If anyone wants to make an objection to the application they must do so within 28 days.

We will then consider the application, taking into account:

• Your suitability
• Whether you are applying for the benefit of another. This might include somebody applying on someone else's behalf in the belief that they would be more likely to gain a licence
• The location and situation of the premises in relation to other premises in the area
• The number of sex establishments in that particular area

An application for a licence may be refused if you have a previous conviction connected with a sex establishment or if the area where the proposed establishment is to be situated is not suitable.

When we grant a licence there will be standard conditions attached to it - which can include restrictions on opening hours. Additional conditions can also be added. Our standard licence conditions can be found by following the links on the right of the page.

Right of Appeal

Anyone not happy with a refusal to be granted a licence or by any condition to a licence can appeal to the Magistrates' Court. An appeal against a decision made at the Magistrates Court may be appealed at the Crown Court but the decision of the Crown Court is final.

Offences and Penalties

Anybody who operates a sex establishment without a licence, fails to comply with a licence condition or admits a person under the age of 18 is committing an offence. Penalties can range from £1,000 to £20,000.

More Information

You can buy copies of the Local Government (Miscellaneous Provisions) Act 1982 online from the Office of Public Sector Information website.