In September 2010, Warwick District Council resolved to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009. This gave the council powers to licences premises which are sex establishments. These can be:
- Sex Shops. Any premises which consists to a significant degree of selling sex articles.
- Sex Cinemas. Any premises used to a significant degree for the showing of films which are concerned primarily with or relate to, or are intended to stimulate sexual activity.
- Sexual Entertainment Venues. Any premises at which relevant entertainment is provided for a live audience for the financial gain of the organiser of the entertainment. Relevant entertainment means any live performance; or any live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means). For example: lap dancing, pole dancing, strip shows, table dancing and peep shows.
By law, a premises can offer sexual entertainment on an infrequent basis without the need to obtain a licence. The entertainment must not last longer than 24 hours, once a month and on no more than 11 occasions in any 12 month period. In order to use this exemption a business must have the permissions (such as music or dance) under the Licensing Act 2003 by either a Temporary Event Notice or a current premises licence.
Once a licence has been granted, the Licensing Authority is able to impose terms, conditions and restrictions on that licence. These could be in the form of conditions specific to an individual or standard conditions applicable to all sex establishments or particular types of establishments.
Warwick District Council has decided to produce standard conditions and these will apply to every licence granted, renewed or transferred by the authority unless they have been expressly excluded or varied.
The council policy sets out how licence applications will be decided and the factors that will be taken into account when deciding to grant or refuse a licence. Download the council's sex establishment policy
Public register of licences
Apply for a licence
- Apply online for a licence
- Apply online to change a licence
- Paper application for sex establishment licence
The Law defines the way in which an application is made. You must:
- Give public notice of the application by advertising the application in the local press no later than 7 days from the date of application.
- Displaying a notice on the outside of the premises in a location where it can be easily read by members of the public. This notice must be displayed for 21 days from the date of application submission.
- Submit a copy of the application to Warwickshire Police within 7 days of submitting the application to us.
This licence will not automatically be granted and tacit consent does not apply. It is in the public interest that the application is processed as quickly as possible so if you do not hear from us within a reasonable time please contact us. For information regarding the length of time the team will take in determining an application please see the timescales for determining applications guidance.
Cost and length of a licence
The application must be accompanied by the fee and the correct supporting documentation in order to prevent any delay in the processing or acceptance of your application. The licence lasts for one year only.
Checks carried out to make sure the licence conditions are followed
Every premises will receive compliance inspections to ensure that the conditions of the licence are being followed. These will be undertaken both proactively and reactively. Any premises that is found not to be operating in accordance with their licence will receive the appropriate action as described by the Enforcement Policy.
Representations for or against an application
Anyone objecting to the grant or renewal of a licence may only do so on the grounds of suitability for the locality in relation to other premises. Positive representations for the granting of a licence may also be made in the same way. Morality and religious grounds may not be used.