Apply for a license to run a sex establishment
The Local Government (miscellaneous Provisions) Act 1982 lists sex shops, sex cinemas and sexual entertainment venues as the types of venues that fall under licensing regulations.
Sex Entertainment Venues (SEV) Consultation
The Policing and Crime Act 2009 has introduced new additional powers for local authorities to regulate sexual entertainment venues. Sexual entertainment venues are premises where live entertainment or displays of nudity take place for the purpose of sexually stimulating an audience and one of the principal types of premises where this occurs is lap dancing venues.
Whilst there are no lap dancing clubs currently operating in Waltham Forest, the increase nationally in the number of such premises in recent years has given rise for concern among many local authorities.
Under the current legislation lap dancing clubs are licensed under the Licensing Act 2003 and representations opposing premises licence applications for venues providing lap dancing and similar entertainment can only be based on the four licensing objectives, namely:
- The prevention of crime and disorder;
- Public safety;
- The prevention of public nuisance
- The protection of children from harm.
In order to address these concerns, section 27 of the Policing and Crime Act 2009 reclassifies lap dancing clubs as sexual entertainment venues and gives local authorities in England and Wales the power to regulate such venues as sex establishments under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982.
The Council does not have to adopt the new powers however, if the Council were to adopt them, it will have the power to consider applications on potentially wider grounds than currently permitted under existing legislation. In doing so this will give the local people a greater say over the regulation of such premises in their area such as whether a lap dancing club is appropriate given the character of an area etc.
The purpose of this consultation is to seek views of residents, businesses and other stakeholders as to whether the Council should adopt the new powers and if yes, what the extent of our policy on the licensing of sexual entertainment venues in Waltham Forest should be.
View the Sex Establishment Policy - Draft Version (151KB PDF file)
To respond to this consultation please complete (all or part) of the consultation document:
- Consultation document (113KB Word file)
- Consultation document (61KB PDF file)
THE CONSULTATION HAS NOW CLOSED AND THE COUNCIL'S DECISION WILL BE ANNOUCED IN DUE COURSE.
Sex Shop Eligibility Criteria
To run a sex shop - i.e. any premises selling sex articles (books, toys or R18 videos etc.) you may need a licence from Waltham Forest Council. To run a venue where explicit films are shown to members of the public, you may also need a licence from us.
An applicant:
- Must be at least 18 years old
- Must not be disqualified from holding a licence
- Must have been resident in the UK at least six months immediately before the application or, if a body corporate, must be incorporated in the UK
- Must not have been refused the grant or renewal of a licence for the premises in question within the last 12 months unless the refusal has been reversed on appeal
Regulation summary
See a summary of the regulation relating to this licence on the Office of Public Sector Information website.
The application process
Fees will be payable for applications and conditions may be attached.
Applications must be in writing (including by electronic means) and contain any information Waltham Forest Council requires, as well as the applicant's name, address and, where the applicant is an individual, their age, plus the address of the premises.
On the date on which the application is made for a licence, the applicant is required to put up on and display a notice in a place where it can easily be seen and read by persons in the street or adjoining public place. This notice must be displayed for a period of 28 days. Within seven days of applying for a licence a notice advertising the application must be published in a local newspaper.
On receipt of a valid application, arrangements will be made to carry out a detailed inspection of the premises by Council Officers, Fire Safety Officer and the Police. As a result of these inspections you may be issued with a statement and schedule of works required to meet the Council’s requirements. Any works detailed are in addition to those which maybe required under Building Control or Planning Legislation. It is the responsibility of the applicant to ensure that all planning and building control have been obtained.
Will tacit consent apply?
Yes. You can assume that your application is granted if no representations have been received within 28 days of submitting your application.
Email licensing@walthamforest.gov.uk
Phone 020 8496 3000
Fees
Grant £15,886
Renewal £7,942
Apply online
- Apply for a licence for a sex establishment
- Tell us about a change to your existing sex establishment licence
If your application failed
Please contact Waltham Forest Direct on 020 8496 3000 and ask for the licensing team in the first instance.
Any applicant who is refused a licence may, within 21 days of being notified of the refusal, appeal to the local magistrates' court.
However, the right to appeal does not apply where the licence was refused on the grounds that:
- The number of sex establishments in the area exceeds the number which the authority consider is appropriate
- The grant of the licence would be inappropriate considering the character of the area, the nature of other premises in the area, or the premises themselves
Licence holder redress
Please contact Waltham Forest Direct on 020 8496 3000 and ask for the licensing team in the first instance.
A licence holder who wishes to appeal against a condition can appeal to a local magistrates' court and may also appeal to the crown court against a decision of a magistrates' court.
Licence holders may at any time apply to Waltham Forest Council for a variation of the terms, conditions or restrictions in their licence.
If an application for a variation is refused, or if the licence is revoked, the licence holder may, within 21 days of being notified of the imposition of, or the refusal to vary, the term, condition or restriction in question, or of the revocation, appeal to the local magistrates' court.
Consumer complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Directgov gives advice on your consumer rights. From outside the UK contact the UK European Consumer Centre.
Other redress
Please contact Waltham Forest Direct on 020 8496 3000 and ask for the licensing team in the first instance.
Any person objecting to an application for the grant, renewal or transfer of a licence may give written notice of their objection to the relevant authority, stating the grounds of the objection, within 28 days of the date of the application.
