Sexual establishments

Legislation is now in place to introduce a new classification of sex establishment, namely sexual entertainment venues. The Policing and Crime Act 2009 amends the Local Government (Miscellaneous Provisions) Act 1982 to bring lap dancing, pole dancing and other similar relevant entertainment into the same regime as licensed sex shops and sex cinemas.

A Licence is required for either a:          

• Sex Cinema
• Sex Shop
• Sexual Entertainment Venue

Sex Cinema

A Sex Cinema is ‘any premises, vessel, vehicle or stall used to a significant degree for the exhibition of moving pictures, however produced, which are concerned primarily with the portrayal of, or primarily deal with or relate to or intending to stimulate or encourage sexual activity or acts of force or restraint which are associated with sexual activity or are concerned primarily with the portrayal etc of the genital organs or urinary or excretory functions’.

Sex Shop

This is ‘any premises, vessel, vehicle or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating sex articles or other things intended for use in connection with or for stimulating or encouraging sexual activity or acts of force or restraint which are associated with sexual activity’.

Sexual Entertainment Venues

A sexual entertainment venue is defined as “any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer”. A premise includes any vessel, vehicle or stall but DOES NOT include a private dwelling to which the public are not admitted. The meaning of relevant entertainment is “any live performance or 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 an audience (whether verbal or other means)”. An audience can consist of just one person (eg where entertainment takes place in private booths). In general, Lap Dancing, Pole Dancing, Table Dancing, Strip Shows, Peep Shows, Live Sex Shows are all classed as relevant entertainment. However, the decision as to whether to licence a premises should depend on the content of the entertainment and not the name it is given.

Spontaneous entertainment

Spontaneous displays of nudity or a lap dance by a customer or guest would not be classed as relevant entertainment, as these displays would not be provided for the financial gain of the organiser or entertainer. But, the organiser may be considered to have provided the entertainment where he has permitted the activity to take place, whether expressly or implied.

Premises that are not sexual entertainment venues

• Sex shops – these are classed as a Sex Establishment
• Sex cinemas – these are also classed as a Sex Establishment
• Premises which provide relevant entertainment on an infrequent basis where:

a) No relevant entertainment has been provided on more than 11 occasions within a 12 month period;

b) No such occasion has begun within a period of one month beginning with the end of the previous occasions;

c) No such occasion has lasted longer than 24 hours.

• Other premises or types of performances or displays exempted by an order of the Secretary of State. Premises that provide relevant entertainment on an infrequent basis will continue to be regulated under the Licensing Act 2003 (Premises Licence or Club Certificate or Temporary Events Notice). Any premises that provide relevant entertainment on more occasions, more frequently or for longer periods will be operating as a Sexual Entertainment Venue (SEV) and will need a SEV licence.

Premises making use of the exemption need to be regulated under the Licensing Act 2003 for regulated entertainment. If you hold a Premises Licence or Club Premises Certificate under the Licensing Act 2003 you will need to ensure it covers the activities you are planning to hold; for example performance of dance or recorded music. Also you will need to make sure there is no restriction on your Premises Licence prohibiting adult entertainment.

If you are holding the entertainment at a location that does not have a licence under the Licensing Act 2003 (or you have a licence but it does not permit such entertainment), you will need to apply for a Temporary Events Notice.

If you require or hold a SEV licence, you do not also require a Premises Licence, Club Premises Certificate or Temporary Events Notice in order to provide relevant entertainment. This is because such entertainment is expressly excluded from the definition of regulated entertainment found in the 2003 Act. However, if the premises also carry on other licensable activities (e.g. the sale of alcohol or the provision of regulated entertainment that is not relevant entertainment), you will nevertheless continue to require a Premises Licence, Club Premises Certificate or Temporary Events Notice under the 2003 Act for those other activities, subject to any exceptions contained in that Act.

Application Process

Application forms can be downloaded here, or you can contact the Licensing Section by email: publicprotection@tamworth.gov.uk; or telephone: 01827 709709.