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Sex Establishment Licensing Policy April 2021

Appendix 1 - Standard Licence Conditions/Regulations

Regulations Made By Stockton On Tees Borough Council Under Paragraph 8 Of Schedule 3 To The Local Government (Miscellaneous Provisions) Act 1982 As Amended By The Policing And Crime Act 2009 Prescribing Standard Conditions For Licences For Sex Establishments

 

General

Throughout these regulations 'sex establishment', 'sexual entertainment venue', 'sex cinema', 'sex shops', and 'sex article' shall have the meaning ascribed to them in Schedule 3 of The Local Government (miscellaneous Provisions) Act 1982 and;

'The Council' means the Council of the Borough of Stockton-on-Tees; and

'The premises' means the premises, vehicle, vessel or store which is the subject of the licence.

In the event of a conflict between these Standard Conditions and any Special Condition contained in a licence relating to a Sex Establishment, the Special Conditions shall prevail.

The grant of a licence for a Sex Establishment shall not be deemed to convey any approval or consent which may be required under any enactment by law, order or regulation other than the Third Schedule of The Local Government (Miscellaneous Provisions) Act 1982.

 

Management Of The Premises

The premises shall not , without the written consent of the Council, be opened and used for the purposes for which the licence is granted except during the hours:

Monday - Saturday    09.00am - 20.00pm

The premises shall not, without the written consent of the Council, be opened and used for the purposes for which the licence is granted on Sundays, Christmas Day, Good Friday or Easter Monday.

The licence or a clear copy shall be prominently displayed on the premises at all times so as to be readily and easily seen by all persons using the premises.

The licensed premise shall be used only for the purposes specified in the licence.

The licensee shall give written notice to the Council if he wishes to surrender the licence.

All notices, documents and advertisements issued by or on behalf of the business shall bear the trade name, style or title and address of the premises specified in the licence and shall contain no indication that it is licensed by the Council.

The Licensee or some other responsible person over 18 years of age nominated by him and approved in writing by the Council for the purpose of managing the sex establishment ("the manager") shall have personal responsibility for and shall be present on the premises at all times when the premises are open to the public. Such written approval shall be continuously available for inspection by a police officer or an officer authorised in writing by the Council.

The name of the person responsible for the management of the premises, whether the Licensee or the manager, shall be prominently displayed on the premises at all times so as to be readily and easily seen by all persons using the premises throughout the period during which he is responsible for the conduct of the premises.

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 shall be notified in writing to the Council within 14 days of such change and such written details as the Council way require in respect of the change of personnel shall be furnished within 14 days of a request in writing from the Council.

The person in charge shall not be engaged on any duties which will prevent him from exercising general supervision and shall be assisted as necessary by suitable adult persons to ensure adequate supervision. The person in charge should be conversant with these conditions, a copy of which should be held on the premises.

All members of staff shall be easily identifiable as such and if required by the council in writing wear a badge of a type approved by the Council indicating his name and that he is an employee or person working in the premises.

The Licensee shall ensure that the public are not admitted to any part or parts of the premises other than those which have been approved by the Council.

The Licensee shall take all reasonable precautions for the safety of the public and employees, and except with the consent of the Council, shall retain control over all portions of the premises.

No person under the age of 18 shall be admitted to any part of the premises which is used as a sex establishment or be employed in the business of the sex establishment.

The licensee shall operate a 'Challenge 25' policy with all staff insisting on evidence of age of any person appearing to be under 25 years of age and is attempting to gain entry to the premises. This evidence shall be photographic, such as a passport, photographic driving licence or an approved proof of age card such as PASS hologram identity card.

The Licensee shall maintain good order on the premises and in particular shall ensure that none of the following take place:

  • Unlawful possession and/or supply of dugs controlled by the Misuse of Drugs Act 1971:
  • Indecent behaviour, including sexual intercourse;
  • The offer of any sexual or indecent service for reward;
  • Acts of violence against person or property and/or the attempted threat of such acts.

The Licensee or any other person concerned in the conduct or management of the premises shall not seek to obtain custom by means personal solicitation or touting from the premises, immediately outside the premises or in the vicinity of the premises, nor allow the premises to be used by prostitutes.

Note:Solicitation includes the distribution of leaflets.

No alcohol shall be consumed within the premises unless the sale or supply of which is authorised by a licence under The Licensing Act 2003 and when service shall be to seated customers only.

No change of use of any part of the premises from that approved by the Council shall be made until the consent of the Council has been obtained.

No film or video or DVD shall be exhibited, sold or supplied unless it has been passed by the British Board of Film Censors and bears a certificate to that effect and is a reproduction authorised by the owner of the copyright of the film or video film or DVD so certified.

The Licensee shall provide copies of any documents reasonably required by an authorised officer of the Council or a Police Officer in relation to compliance with this licence.

 

External Appearance

The entrances to the premises shall be of a material or covered with a material which will render the interior of the premises invisible to passers by.

Windows and openings to the premises other than entrances shall either be obscured or with the consent of the Council shall have suspended behind them opaque screens or blinds of a type and size approved by the Council to render the interior of the premises invisible to passers by.

The Licensee shall display a notice on the outside of the premises of such size and in such location as agreed by the Council stating 'No person under the age of 18 allowed. Any person appearing to be under 21 years of age will be required to show photographic proof of their age.'

The Licensee may with the consent of the Council exhibit on the outside of the premise the name of the business and a notice of such size and in such location as agreed by the Council consisting of the words 'Licensed Adult Establishment'

No other words, signs, posters, photographs, sketch, painting or any form of advertisement, display shall be displayed by or on behalf of the Licensee on, or outside or within the premises in a position where it is visible to passers by without the prior consent of the Council.

No external loudspeakers may be installed.

 

State, Condition and Layout Of The Premises

Notwithstanding the Licensees duties under other legislation and any obligations under any lease or other agreement for the use of the premises he shall maintain the premises in good repair and condition.

External doors shall be closed at all times except when persons are entering or leaving the premises and shall be fitted with a device to provide for their automatic closure and such devices shall be maintained in effective working order.

The premises shall be fitted with an inner entrance door or screen so that no part of the interior of the premises or any of the contents of the premises or any entertainment taking place inside the premises is visible to passers by when persons are entering or leaving the premises.

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.

No access shall be permitted through the premises to any other adjoining or adjacent premises except in the case of emergency.

Artificial lighting sufficient to illuminate all areas of the premise as approved by the Council shall be in operation at all times when the sex establishment is open to the public.

No alterations or additions shall be permitted to the exterior or interior of the premises without the written consent of the Council.

A digital Closed Circuit Television System (CCTV) will be installed and maintained in good working order and be correctly time and date stamped. The system will incorporate sufficient built-in-hard-drive capacity to suit the number of cameras installed. CCTV will be capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition. Cameras will encompass all ingress and egress to the premises, outside areas and all areas where the sale/supply of food occurs. The system will record and retain CCTV footage for a minimum of 30 days. The system will record for 24 hours a day. The system will incorporate a means of transferring images from the hard-drive to a format that can be played back on any desktop computer. The Digital recorder will be password protected to prevent unauthorised access, tampering or deletion of images. Upon receipt of a request for a copy of CCTV footage from Police, Licensing Officers or any other Responsible Authority, the member of staff will produce the footage within 24 hours or less if urgently required for investigations of serious crime. CCTV footage must be made available to be viewed by the Police, Licensing Officers or other Responsible Authorities on request during an inspection of or visit to the premises.

Notices shall be exhibited within the premises informing customers of the presence of CCTV.