Licence - sex shops and cinemas
What is a Sex Establishment Licence?
To run a Sex Establishment in the Maidstone Borough you need a
licence from Maidstone Borough Council. Any licence will have
conditions and possible restrictions attached, and you must comply
with them.
A Sex Establishment can be either:
- A sex shop - i.e. any premises selling sex toys, books or DVDs
etc. as the major body of its stock,
- A sex cinema – i.e., a cinema used for a significant amount of
its business to show explicit films to the public.
Maidstone Borough Council’s policy on the authorisation of Sex
Establishments in the Borough is currently under review, so some
aspects of the licensing procedure may change.
Please note: There is currently legislative
change in place which will affect the authorisation of Sexual
Entertainment Venues. These are authorised under different
procedures to the above Sex Establishments. A public consultation
is currently underway, for more information and
to make your views heard, please visit the Sexual Entertainment Venues consultation
page.
Legal Regulations
The licensing of Sex Establishments is regulated under
the Local Government
(Miscellaneous Provisions) Act 1982.
It is an offence to operate a Sex Establishment
without a licence, to fail to comply with licence conditions, or to
admit anyone under the age of 18. Penalties upon conviction can
range from £1,000 to £20,000.
Am I eligible to apply?
If you wish to apply to run a sex establishment, either a shop
or a cinema, you:
- Must be at least 18 years old,
- Must not have been disqualified from holding a licence,
- Must have been resident in the UK for at least six months
immediately before the application,
- Must be incorporated in the UK, if you are applying as a body
corporate,
- 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 was reversed on appeal.
The character of the locality where the proposed premises are
situated will also be taken into account. For more information
please read the 'sex establishments
procedure notes'.
Do I need to advertise my application?
Any new application to run a Sex Establishment, any renewal, or
any application to change an existing Sex Establishment licence,
must be publicly advertised to give members of the
local community chance to comment. If you fail to make the right
advertisements, your application will be rejected. Please contact
us if you need any advice using the details to the right of this
page.
You must advertise your intentions by placing a notice in a
local newspaper. This notice must appear within 7 days of your
application being received by us. A list of suitable local
newspaper contacts is available.
You must also display this notice for 21 days from the date of
your application on or near your premises. The notice should be
positioned so that it can conveniently be read by all members of
the public.
Please note, you must also send a copy of any paper
application to the Chief of Police for the Mid Kent area within 7
days of the date of application. This does not apply to annual
renewals.
How do I apply?
If you are applying to operate a new sex establishment in the
borough, you can:
Sex Establishment licences must be renewed annually. The above
online form can also be used for annual licence renewals.
Alternatively, if you are an existing licence-holder, we will
post you out a hard copy of the renewal form to complete and return
to the Licensing Team, Maidstone House, King Street, Maidstone,
ME15 6JQ.
It will take 42 days to process all Sex
Establishment applications, to allow time for public
consultation.
How much do I need to pay for a new licence or annual
renewal?
The fee for a new licence is £4,265.00. The fee for
annual renewal of existing licences is £1602.00. If you
are applying online, you will be redirected to an online payment
system at the end of your application. If you are applying on
paper, please include a cheque with your application form, made
payable to Sevenoaks District Council.
How do I apply to change my licence?
If you need to:
- make significant changes to your business; or
- make significant changes to the layout of your premises;
or
- transfer your licence to a new licence-holder who will operate
the business in future.
Please call us in the first instance and we will be able to
advise you.
Thereafter, you will be able to
apply to change your sex establishment licence online.
How much do I need to pay to change my licence?
The fee to change or transfer your licence is
£1,602.00. You will be redirected to an online payment
system at the end of your online application.
What happens next?
If any representations are received in response to your
application, we will hold a hearing so that the views of interested
parties can be taken into account. Any representations must be
given in writing, stating the grounds of the objection, within 28
days of the date of the application.
For more information please read the 'sex
establishments procedure notes'.
What if I don’t hear back about my application within 42
days?
You cannot consider your licence granted until we formally issue
it to you. It is in the public interest that your application is
fully and properly processed. If you do not hear from us within 14
days of submitting your application, please contact us. In general,
please stay in touch throughout the 42 day processing period, as
the “clock” can stop if we need any additional information from
you.
What can I do if my application fails?
For more information please read the 'sex
establishments procedure notes'.
What if I have a complaint as a customer or a member of the
public?
If you have a complaint about the service you have
received as the customer of a licensed establishment, your
first contact should be with the establishment itself, preferably
in the form of a letter (with proof of delivery). If that does not
work and you are located in the UK, Consumer Direct will give
you advice. From outside the UK, contact the UK European Consumer Centre.
As a member of the public, if you are concerned about
the running of an establishment, or have a complaint about
litter or nuisance etc., please contact us immediately using the
details to the right of this page.
Council Complaints Procedure
The council also operates a complaints procedure for use if you
are unhappy with the service you have received. The complaints
policy is
available to view, or you can
make a complaint online.