Sex Establishments Policy
South Staffs Council has adopted a Sex Establishments Policy under the Local Government (Miscellaneous) Provisions Act 1982 as amended by the Policing and Crime Act 2009.
The policy came into effect on 1st April 2017
By way of background in 1982 the Local Government (Miscellaneous Provisions) Act introduced a discretionary licensing regime for Sex Shops and Sex Cinemas.
In 2005 the Licensing Act 2003 introduced a new licensing regime which amalgamated several pieces of old legislation under the heading of “Regulated Entertainment". Entertainment of an adult nature such as lap dancing, pole dancing and striptease etc. fell under this heading. However, the power for the community to object to such applications was restricted as any objection needed to relate to one or more of the four specified licensing objectives namely preventing crime and disorder, ensuring public safety, preventing public nuisance and protecting children from harm. This made it difficult for local communities to have any control on the number and / or location of these types of venues.
In order to address these concerns the Policing and Crime Act 2009 introduced provisions creating a new category of Sex Establishment known as a Sexual Entertainment Venue (SEV) to enable local authorities to require venues such as lap dancing establishments to be licensed as Sex Establishments. If a local authority wanted to regulate such establishments then they had to resolve that schedule 3 of the 1982 Act apply to its area. At Council on 23rd February 2016 South Staffordshire Council resolved that with effect from 1st May 2016 schedule 3 should apply to its area.
The Policy sets out South Staffordshire Council's general approach to the licensing and regulation of sex establishments (sex shops, sex cinemas and sexual entertainment venues) within the administrative district of South Staffordshire Council.
The Policy is intended to guide the Council in balancing the needs and interests of businesses, patrons, employees, residents and communities when considering applications for Sex Establishment licences. It informs applicants and objectors of the parameters under which the Council will make decisions.
The Policy sets out an overview of the administrative process for the licensing of sex establishments including particular considerations that the Council will have in relation to the location of premises.
Also included are the Council's Standard Conditions for sex establishments, which shall be considered the basic norm for premises licensed in the South Staffordshire Council administrative district.
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Environmental Health and Licensing
South Staffordshire Council