East Devon District Council

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Policy Sex establishment Licensing Policy

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6. Appendix B - requirements for applying for grant, variation, transfer or renewal of a sex establishment licence

  1. Grant of a licence
    To apply for the grant of a sex establishment licence an applicant must:
    1. send to the council:
      1. a completed application form (copies can be obtained from the council’s licensing service;
      2. a plan to the scale of 1:100 of the premises to which the application relates;
      3. a non-returnable application fee determined from time to time by the licensing authority [currently set at the time of the approval of this policy at £2,000];
      4. a ‘hearings’ fee determined from time to time by the licensing authority [currently set at the time of the approval of this policy at £4,000] (returnable if a committee hearing is not required);
    2. display a notice on or near the premises (template notice available from the council’s licensing service);
    3. advertise the application in a local newspaper (template notice available from the council’s licensing service);
    4. send a copy of the application and plan to the Chief Officer of Police, Licensing Office, Devon and Cornwall Constabulary, Police Station, Exmouth, EX8 1JZ within seven days of making the application to the council.
  2. Plan requirements
    1. The plan shall show:-
      1. the extent of the boundary of the building, if relevant, and any external and internal walls of the building and, if different, the perimeter of the premises;
      2. the location of points of access to and egress from the premises;
      3. the location of escape routes from the premises;
      4. in a case where the premises is to be used for more than one licensable activity, the area within the premises used for each activity;
      5. fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment;
      6. in a case where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor;
      7. in a case where the premises includes any booths the location and area relative to the floor;
      8. in a case where the premises includes any steps, stairs, elevators or lifts, the location of the steps, stairs, elevators or lifts;
      9. in the case where the premises includes any room or rooms containing public conveniences, the location of the room or rooms;
      10. the location and type of any fire safety and any other safety equipment including, if applicable, marine safety equipment; and
      11. the location of a kitchen, if any, on the premises.
    2. The plan may include a legend through which the matters mentioned or referred to above are sufficiently illustrated by the use of symbols on the plan.
    3. Applicants should be aware that the fire authority will require a suitable risk assessment to be carried out by the responsible person “in order to ensure the safety of all relevant people”.
  3. Public notices
    1. A notice must be displayed at or on the premises to which the application relates for a period of not less than 21 consecutive days from the day following the day the application was given to the council, where it can be conveniently read from the exterior of the premises.
    2. Where the premises cover an area of more than 50 square meters, a further identical notice must be displayed every 50 metres along the external perimeter of the premises abutting any highway.
    3. The notice must be on white paper sized A4 or larger and printed legibly in black ink or typed in black in a font size equal to or larger than 16.  A template of a blank notice can be obtained on request from the council’s licensing service.
    4. The notice must state:
      1. details of the application and activities that it is proposed will be carried on or from the premises,
      2. the full name of the applicant,
      3. the postal address of the premises, or in the case where there is no postal address, a description of the premises sufficient to enable the location and extent of the premises to be identified,
      4. the date, being at least 28 days after that on which the application is given to the council, by which representations may be made to the council and that representations should be made in writing,
      5. that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine (£5,000) for which a person is liable on summary conviction for the offence.
    5. A similar notice must be published in a local newspaper within seven days of giving the application to the council.
  4. Variation of a licence
    1. The holder of a licence may apply at any time for any variation of the terms, conditions or restrictions on or subject to which the licence is held.
    2. The process of applying for a variation is the same as that for applying for an initial grant except that a plan of the premises is not required unless the application involves structural alterations to the premises.
  5. Renewal of a licence
    1. The holder of a licence may apply for renewal of the licence.  In order for the licence to continue to have effect during the renewal process, a valid application together with the appropriate fee must be submitted before the current licence expires.
    2. The process of applying for renewal of a licence is the same as that for applying for an initial grant except that a plan of the premises is not required.
  6. Transfer of a licence
    1. A person may apply for transfer of a licence at any time.
    2. The process of applying for transfer of a licence is the same as that for applying for an initial grant except that a plan of the premises is not required.