East Devon District Council

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Policy Sex establishment Licensing Policy

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8. Appendix D - standard sex shop licensing conditions

  1. Where any special conditions appear on any licence issued by the council which appear to be inconsistent with these regulations, the regulations shall prevail.
  2. The grant of a licence for a sex shop shall not be deemed to convey any approval or consent which may be required under any enactment, bye-law, regulation or order other than the Third Schedule to The Act.
  3. Where marginal notes and headings have been inserted in these regulations, this has been done for the purpose of information and convenience only and shall not affect in any way the meaning or construction thereof.
  4. The council reserves the right from time to time in any special case to add to or modify these licence conditions.

Opening times

  1. Except with the prior consent of the council, a sex shop shall not be open to the public before 9am and shall not be kept open after 6pm.
  2. Sex shops must not operate on Good Friday, Easter Sunday, Christmas Day, and Boxing Day.

Conduct and management

  1.  Where the licensee is a body corporate or an 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.
  2.  The licensee or some responsible person nominated by him in writing for the purpose of managing the sex shop in his absence and of whom details (including photographs) 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.
  3. The name of the person responsible for the management of a sex shop at any particular time it is open to the public shall be prominently displayed within the premises throughout the time he or she is responsible for its conduct.
  4. The licensee shall maintain a daily register in which shall be recorded the name and address of any person who is to be responsible for managing the sex shop in his or her absence and the names and address of all those employed in the sex shop. The register is to be completed each day of the sex shop opening for business and is to be available for inspection by the police and authorised officers of the council.
  5.  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.
  6.  The licensee shall maintain good order in the premises.
  7.  No person under the age of 18 years shall be admitted to the premises or employed in any position with regard to the business of a sex shop.
  8. The licensee shall ensure that the public are not admitted to any part of the premises other than those parts which have been approved by the council.
  9. The licensee shall ensure that no part of the premises shall be used by prostitutes (male or female) for soliciting or for any immoral purpose.
  10. Neither the licensee nor any employee or other person shall seek to obtain custom for the sex shop by means of personal solicitation outside or in the vicinity of the premises.
  11. The licensee shall comply with all statutory provisions and any regulations made there under.
  12. The licensee shall ensure that during the hours the Sex Shop is open for business, every employee shall wear a badge of a type approved by the council indicating his or her name and that he or she is an employee.
  13. The copy of the licence and of these Regulations required by be exhibited in accordance with Paragraph 14(1) of schedule 3 to the Act shall, if reproduced, be to the same scale as the originals issued by the council.  The copy of the licence required to be displayed as aforesaid shall be suitably framed and a copy of these regulations shall be retained in a clean and legible condition.

Use

  1. A sex shop shall be conducted primarily for the purpose of the sale of goods by retail.
  2. The premises shall only be used as a shop.
  3. No residential use shall be made of any part of the Premises unless a separate access is provided from the outside of the Premises.
  4. 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.

Goods available in sex shops

  1. 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 premises the maximum prices to be charged.
  2. All printed matter offered for sale, hire, exchange or loan shall be available for inspection prior to purchase and a notice to this effect shall be prominently displayed within the sex shop.
  3. No film or video film shall be exhibited, sold or supplied unless it complies with the Videos Recording Act 2010 and is a reproduction authorised by the owner of the copyright of the film or video film so certified.
  4. The licensee shall, without charge, display and make available in the sex shop such free literature on counselling in relation to sexual problems, published by any organisation as may be specified by the council.  Such literature is to be displayed in a prominent position approved by the council adjacent to all sale points in the sex shop.
  5. No display, advertisement, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing, or any matter or thing (whether illuminated or not) shall be exhibited so as to be visible from outside the premises except: 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. 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. 
  6. The entrances to the premises shall be of a material or covered with a material which will render the interior of the premises not visible to passers by.
  7.  Windows and openings to the premises other than entrances shall not be obscured otherwise than with the consent of the council but shall have been suspended behind them, in a position and at an attitude approved by the council, opaque screens or blinds of a type and size approved by the council. This regulation shall not be construed as lessening the obligation of the licensee under Regulation 28 hereof.

State, condition and layout of the premises

  1. All parts of the premises shall be maintained in good repair and in a clean and wholesome condition.
  2. A lobby area shall be provided at the entrance to the shop to ensure that the inside of the shop is not visible when the front door is opened.
  3. 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 shop is open to the public.
  4.  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
    1. All such doors or openings approved by the council shall be clearly indicated on the inside by the word 'exit'
    2. Doors and openings which lead to parts of the Premises to which the public are not permitted to have access shall have notices placed over them marked 'private'
    3. Save in the case of emergency, no access shall be permitted through the premises to any unlicensed Premises adjoining or adjacent
  5. The external doors to the Sex Shop shall be fitted with a device to provide for their automatic closure and such devices shall be maintained in good working order.
  6. 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.
  7. 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.
  8. 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.

Safety

  1. The licensee shall take all reasonable precautions for the safety of the public and employees.
  2. The licensee shall comply with any fire precautions and safety measures that may be required of him by East Devon District Council or the fire authority.
  3. 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.