Local Government (Miscellaneous Provisions) Act 1982, Part II
Explanatory Notes for Applicants
Licensing of Sex Establishments
1.Attached to these explanatory notes are the requisite application forms for either the grant, renewal, variation or transfer of a licence for a sex establishment as defined in Schedule 3 of the above Act.
2.Applications should be received by the Licensing Authority at least 28 Days before the licence is required. Applications should be submitted to;
Head of Legal & Democratic Services
City of Wakefield MDC
Licensing Office
Wakefield One
Burton Street
Wakefield, WF12EB
The telephone number for any inquiries is 01924 302919 / 302923
3.A copy of the application must also be submitted to the Chief Superintendent of West Yorkshire Police (at which ever Divisional Headquarters is applicable) not later than 7 days from the date of application to the Council.
The Licensing Officer
West Yorkshire Police
Wood Street
Wakefield
4.APPLICATION FEES
For the grant of a sex establishment licence the requisite application fee is (see table of fees). Cheques or Postal Orders should be made payable to “City of Wakefield MDC” and crossed. Please note there is an administration charge when application is refused, withdrawn or otherwise not proceeded with.
5.PUBLICISING THE APPLICATION
All applicants seeking the grant, renewal, variation or transfer of a licence in relation to premises for a sex establishment are required to publicise their application by displaying a Public Notice in a form as supplied by the Council. The Public Notice must be displayed in a conspicuous place on or near the premises to indicate that an application has been made to the Council. The Notice must be placed externally or in some other suitable place, ideally where it can be easily seen and read from outside the premises, and remain in that position for a period of at least 21 days. A copy of the Public Notice should be submitted to the Council at the time of application. Copies of the form of Public Notice are included with the application form and further copies are available on request.
6.PLACING AN ADVERTISEMENT IN A NEWSPAPER
You are required, within 7 days of the date of application, to give notice of the application by way of a notice in the relevant local newspaper. The newspaper advertisement must allow 21 days (not including the date of publication) for any objections to the application made.
i)A notice must be place in the following circumstances;
(a)Grant of sex establishment licence
(b)Renewal of sex establishment licence
(c)Variation of sex establishment licence
(d)Transfer of sex establishment licence
Details of how to place such a notice accompany these notes.
7.OBJECTIONS TO APPLICATION
The Councils Licensing Regulatory & Appeals Committee will usually hear and determine any application to which there are objections or when it is felt that issues are being raised which could be of a contentious nature. Notification of a hearing will be sent to the applicant together with details of any objections raised. Objectors will also be invited to the meeting.
8.RIGHT OF APPEAL
If an application has been determined by the Licensing and Registration Committee and subsequently refused, a right of appeal to a Magistrates Court exists under the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act, 1982 Part II.
9.REGULATIONS
A copy of the Councils regulations are included for your information. Compliance with these regulations is required prior to the issue of any licence granted.
Head of Legal & Democratic Services
City of Wakefield MDC
Licensing Office
Wakefield One, Burton Street, Horbury
Wakefield, WF12EB
REGULATIONS MADE PURSUANT TO PARAGRAPH 13 OF SCHEDULE 3 TO THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT, 1982 PRESCRIBING STANDARD CONDITIONS APPLICABLE TO LICENCES FOR SEX ESTABLISHMENTS
Definitions
1.In these Regulations, save where the context otherwise requires the following expressions shall have the following meanings.
i)“Sex Establishment”, “Sex Cinema”, “Sex Shop” and “Sex Article” shall have the meanings ascribed to them in the Third Schedule to the Local Government (Miscellaneous Provisions) Act, 1982.
ii)“Premises” means a building or part of a building and any forecourt, yard or place of storage used in connection with a building or part of a building which is the subject of a licence for a Sex Establishment granted under the said Third Schedule.
iii)“Approval of the Council” or “Consent of the Council” means the approval or consent of the Council in writing.
iv)“Approved” means approved by the Council in writing.
v)“The Council” means the City of Wakefield Metropolitan District Council.
vi)“Film” shall have the meaning ascribed to it in the Films Acts, 1960-1980.
General
2.In the event of a conflict between these Regulations and any special conditions contained in a licence relation to a Sex Establishment the special conditions shall prevail.
3.The grant of a licence for a Sex Establishment shall not be deemed to convey any approval or consent which may be required under any enactment, by law, order or regulation other than the Third Schedule to the Local Government (Miscellaneous Provisions) Act, 1982.
4.The marginal notes inserted in these Regulations are inserted for the purposes of convenience only and shall not affect in any way the meaning or construction thereof.
Times of Opening
5.Except with the previous consent of the Council a Sex Establishment shall not be open to the public before 9.00 am and if a cinema shall not be kept open after 11.00 pm otherwise the establishment must close at 8.00 pm.
6.Except with the previous consent of the Council a Sex Establishment shall not be open on Sundays or any Bank Holidays or any public holidays.
Conduct and Management of Sex Establishments
7.Where the Licensee is a body corporate or an un-incorporated body any change of director, company secretary or other person responsible for the management of the body is to be notified in writing to the Council within 14 days of such change and such written details as the Council may require in respect of any new director, secretary or manager are to be furnished within 14 days of a request in writing from the Council.
8.The Licensee or some responsible person nominated by him in writing for the purpose of managing the Sex Establishment in his absence and of whom details have been supplied to and approved in writing by the Council shall be in charge of and upon the premises during the whole time they are open to the public.
9.There shall be displayed above the entrance or main entrance to the premises hereby licensed a notice in permanent form in letters not less than 3” high nor more than 6” high stating the names of the licensee of the said premises; the Manager thereof (if different to the licensee); and that the said premises are licensed under Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act, 1982 as a sex establishment.
10.The Licensee shall maintain a daily register in which he shall record the name and address of any person who is to be responsible for managing the Sex Establishment in his absence and the names and addresses of those employed in the Sex Establishment. the Register is to be completed each day within thirty minutes of the Sex Establishment opening for business and is to be available for inspection by the Police and by authorised Officers of the Council.
11.The Licensee shall retain control over all portions of the premises and shall not let, licence or part with possession of any part of the premises.
12.The Licensee shall maintain good order in the premises.
13.No person under the age of 18 shall be admitted to the premises or employed in the business of a Sex Establishment.
14.There shall be displayed in each entrance or doorway to the licensed premises in a prominent position so as to be readily visible to any person approaching the premises with a view to entering therein but without their having so to enter a notice prohibiting entry to the premises of all person under 18 years of age.
15.The Licensee shall ensure that the public are not admitted to any part or parts of the premises other than those which have been approved by the Council.
16.The Licensee shall ensure that no part of the premises shall be used by prostitutes (male or female) for soliciting or for any immoral purposes.
17.Neither the Licensee nor any employee or other person shall seek to obtain custom for the Sex Establishment by means of personal solicitation outside or in the vicinity of the premises.
18.No refreshments of any kind shall be served or sold to or consumed by potential customers visiting the premises hereby licensed to or by any person thereupon other than bona fide staff employed upon the said premises.
19.No amusement or gaming machines of any kind whether for prizes or otherwise shall be kept or used upon the premises hereby licensed at any time.
20.The Licensee shall comply with all statutory provisions and any regulations made thereunder.
21.The Licensee shall ensure that during the hours the Sex Establishment is open for business every employee wears a badge of a type approved by the Council indicating his name and that he is an employee.
22.Save as otherwise hereinafter provided no music of any kind shall be played at any time upon the premises hereby licensed as a Sex Shop except by way of a simultaneous broadcast of a radio programme by the British Broadcasting Authority or the Independent Broadcasting Authority. Any such broadcast shall be as background music only and shall not be audible from outside the premises nor be a dominant feature upon entering the premises.
23.No moving picture, moving display nor recorded sound of any description howsoever produced shall be permitted upon the premises hereby licensed as a Sex Shop except for a period not exceeding 60 seconds for the bona fide purpose of demonstration only to a prospective purchaser, hirer or borrower of the article in question but not further or otherwise.
24.The copy of the licence and of these Regulations required to be exhibited in accordance with paragraph 14 (1) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act, 1982 shall be reproductions to the same scale as those issued by the Council. The copy of the licence required to be displayed as aforesaid shall be suitable framed and the copy of these Regulations shall be retained in a clean and legible condition.
User
25.A Sex Shop shall be conducted primarily for the purpose of the sale of goods by retail.
26.No change of use of any portion of the premises from that approved by the Council shall be made until the consent of the Council has been obtained thereto.
27.No change from a Sex Cinema to a Sex Shop or from a Sex Shop to a Sex cinema shall be effected without the consent of the Council.
28.Neither Sex Articles nor 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 shall be displayed, sold, hired, exchanged, loaned or demonstrated in a Sex Cinema.
Goods available in Sex Establishments
29.All Sex Articles and other things displayed for sale, hire, exchange or loan within a Sex Shop shall be clearly marked to show to persons who are inside the Sex Shop the respective prices being charged.
30.No film or video film shall be exhibited, sold or supplied unless it has been passed by the British Board of Film Censors or such other Authority performing a similar scrutinising function as may be notified to the Licensee by the Council, and bears a certificate to that effect and is a reproduction authorised by the owner of the copyright of the film or video film so certified.
31.The Licensee shall without charge display and make available in the Sex Establishment such free literature on counselling on matters related to sexual problems as may be published by the Family Planning Association and by such other similar organisations as may be specified by the Council. Such literature is to be displayed in a prominent position approved by the Council adjacent to all cash collection points in the Sex Establishment.
External Appearance
32.No graphic or pictorial display, advertising material, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing, or any matter or thing (whether illuminated or not) shall be affixed to or displayed outside near to or within the premises hereby licensed in such a position or manner as to be visible to any person lawfully using any street, highway, footpath or place to which the public has access for the time being except:
i)Any notice of a size and in a form approved by the Council which is required to be displayed so as to be visible from outside the premises by Law, or by any condition of a licence granted by the Council.
ii)Such display, advertisement, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing, or any matter or thing as shall have been approved by the Council.
33.The size, layout and wording of any such sign, advertising material, graphic or pictorial display as referred to in Condition 32 above shall be approved in writing by the Council before being affixed or displayed.
34.All windows doors or other means by which the interior of the premises would otherwise be visible to any person lawfully using any street, highway, footpath or place to which the public has access for the time being shall be obscured or screened in such a way as to prevent the interior of the said premises or any article material or display of any kind therein form being visible to any such said persons.
State, Condition and Layout of the Premises
35.The premises shall be maintained in good repair and condition.
36.Lighting in all parts of the premises as approved by the Council shall be in operation continuously during the whole of the time that the Sex Establishment is open to the public.
37.The number, size and position of all doors or openings provided for the purposes of the ingress and egress of the public shall be approved by the Council and shall comply with the following requirements:
i)All such doors or openings approved by the Council shall be clearly indicated on the inside by the word “exit”.
ii)Doors and openings which lead to parts of the premises to which the public are not permitted to have access shall have notices place over them marked “private”.
iii)Save in the case of emergency no access shall be permitted through the premises to any unlicensed premises adjoining or adjacent.
38.The external doors to the Sex Establishment shall be fitted with a device to provide for their automatic closure and such devices shall be maintained in good working order.
39.The Licensee shall make provision in the means of access both to and within the Sex Establishment for the needs of members of the public visiting the Sex Establishment who are disabled.
40.No fastenings of any description shall be fitted upon any booth or cubicle within the Sex Establishment nor shall more than one person (including any employee) be present in any such booth or cubicle at any time.
41.Alterations or additions either internal or external and whether permanent or temporary to the structure, lighting or layout of the premises shall not be made except with the prior approval of the Council.
42.All parts of the premises shall be kept in a clean and wholesome condition to the satisfaction of the Council.
Safety
43.The Licensee shall take all reasonable precautions for the safety of the public and employees.
44.The Licensee shall comply with any fire prevention and safety measures that may be required of him by the Council.
45.The premises shall be provided with fire appliances suitable to the fire risks of the premises and such fire appliances shall be maintained in proper working order and shall be available for instant use.
The foregoing Conditions were adopted by the Council of the City of Wakefield on the 4th December 1987 and shall operate as from 1st April 1988.
Dated this day of March 1988
James W F Holt
Solicitor to the Council
(With acknowledgement to Westminster City Council on whose conditions the document is based.)
ENCLOSURE 1
SEX ESTABLISHMENT APPLICATION
PLACING A NOTICE IN A NEWSPAPER
You are required to insert in a local newspaper a notice giving 21 days for any objections to your application to be made, this must appear within 7 days of the Council receiving your application.
The 21 day period of notice will not include the date of publication.
1.A notice must be placed in the following circumstances:-
(a)Application for grant of sex establishment licence
(b)Application for variation of sex establishment licence
(c)Application for renewal of sex establishment licence
(d)Application for transfer of sex establishment licence
2.The notice must be a minimum of 6 point print.
3.It must be placed in the appropriate local newspaper which circulates in the area where the premises is situated.
i.e.
Wakefield Express
Pontefract & Castleford Express
If you are not in any doubt as to which is the appropriate newspaper please contact the Licensing Office on (01924) 305072/305077. It is not acceptable for the notice to appear in a free newspaper (this includes the Ossett & Horbury Observer and the Hemsworth & South Elmsall Express).
4.A notice can be placed by telephoning (01924) 375111 or by fax (01924) 433003. The Head Office for the Express Series of Newspapers is:-
Yorkshire Weekly Newspaper Group Ltd
First Floor, Bullring House
23 Northgate
Wakefield
WF1 3BJ
In extreme cases (which the site location is not adequately served by one of the above publications) the notice may be placed in the Yorkshire Evening Post, the address for which is Yorkshire Post Newspapers, No1 Leeds, 26 Whitehall Road, Leeds, LS12 1BE (telephone (0113) 2929000 or fax (0113) 2448426).
5.A copy of the complete page of the relevant publication must be forwarded to the Council.
6.Remember to place the notice in the "Public Notices" section of the newspaper.
7.See reverse for an example of the layout of the newspaper notice.
Please refer to the notes below when completing your advertisement.
NOTES
1.Insert name
2.Insert type of licence, which will be one of the following:-
the first grant of a licence
the renewal of a licence
a variation of a licence
the transfer of a licence
3.Insert name of premises/place to be licensed.
LC15.ExplanatoryNotes & Conditions