Sex Establishments - sex shops, adult cinemas and sexual encounter venues
A licence is needed before a sex establishment can be operated in Malvern Hills district. This includes any shop selling sex articles (toys, books or videos) to a significant degree - or cinema showing adult categories of film.
Government has introduced a new category of sex establishment known as "sex encounter venues" which our Council has resolved to adopt. We plan to embrace this change and will develop a Policy and standard conditions soon.
Meanwhile, adult entertainment such as "lap dancing" can't be offered to the public without being included on a Premises Licence. NB A particular classification of Video Film (18 Restricted) can only be sold from a licensed sex establishment.
• 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
Application Evaluation Process
Fees will be payable for applications and conditions may be attached. Applications must contain any information the local authority requires, as well as the applicant's name, address and, where the applicant is an individual, their age, plus the address of the premises. Applicants must give public notice of their application by publishing an advertisement in a local newspaper.
Will Tacit Consent Apply?
No. It is in the public interest that the authority grant a licence before you can operate as a sex establishment. If you have not heard from the local authority within a reasonable period, please contact it. You can do this online if you applied through the UK Welcomes service or use the contact details below.
Online facilities are available through the national business link website.
Government Gateway registration is required to use this service (follow instructions from these links)
1. Apply for a licence to operate a sex establishment in Malvern Hills District
2. Tell us about a change to your existing sex establishment licence
Apply by Post
Telephone or e-mail us to ask for an application form, or download an application form. Send the completed form with application fee and proof of insurance to us at the Licensing Department, Malvern Hills District Council, The Council Offices, Avenue Road, Malvern, Worcestershire, WR14 3AF
Failed Application Redress
Please contact us, in the first instance. Any applicant who is refused a licence, or refused the renewal of a licence, may, within 21 days of being notified of the refusal, appeal to the local Magistrates' Court (West Mercia Magistrates' Court Service, Castle Street, Worcester WR1 3QZ).
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 us in the first instance. A licence holder who wishes to appeal against a condition imposed on the grant of a licence can appeal to the local Magistrates' Court. Licence holders may at any time apply to the authority 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. A licence holder may also appeal to the crown court against a decision of a magistrates' court.
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, Citizens Advice will give you advice. From outside the UK contact the UK European Consumer Centre.
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.