Torbay Council has adopted Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, which means that anyone wishing to operate a ‘sex establishment’ within Torbay must first obtain a licence from the Council.
A ‘Sex Establishment’ is defined under the Act as:
- a ‘Shop’,
- a ‘Cinema’ and
- an ‘Entertainment Venue’.
It includes any premises, vehicle, vessel or stall used as a sex establishment but does not include a private dwelling to which the public are not admitted.
A ‘Sex Shop’ is any premises, vehicle, vessel 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 the purpose of stimulating or encouraging:
- sexual activity; or
- acts of force or restraint which are associated with sexual activity.
Further important definitions on sex articles and ‘to a significant degree’ are found within Torbay Council’s Statement of Licensing Policy for Sex Establishments
A ‘Sex Cinema’ is any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced, which:
- Are concerned primarily with the portrayal of, or primarily deal with or relate to, or are intended to stimulate or encourage:
- sexual activity; or
- acts of force or restraint which are associated with sexual activity
- Are concerned primarily with the portrayal of, or primarily deal with or relate to, genital organs or urinary or excretory functions, but does not include a dwelling-house to which the public is not admitted.
Torbay Council has no Sex Cinema’s licensed, and in the review of its Statement of Licensing Policy for Sex Establishments in 2011 set the ‘numerical limit’ at zero.
A ‘Sexual Entertainment Venue’ is “any premises at which relevant entertainment is provided before a live audience for financial gain of an organiser. For the purposes of the Act it does not matter whether the financial gain arises directly or indirectly from the performance or display of nudity.”
‘Relevant entertainment’ is any live performance or any 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 the audience (whether by verbal or other means). An audience includes an audience of one.
In simple terms this is lap dancing, pole dancing or strip tease.
Statement of Licensing Policy for Sex Establishments
On 17 March 2011, Torbay Council agreed a new Statement of Licensing Policy for Sex Establishments (see Related Documents). This sets out matters such as what types of areas of Torbay would not be allowed to have these types of premises. It also sets out the total number of each type of premises allowed as well as conditions that would be applied to each licence.
Related Documents
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Statement of Licensing Policy for Sex Establishments
Statement of Licensing Policy for Sex Establishments
Last updated: 15/06/2011, 9:51am (244 KB)
Contact Licensing & Public Protection
- Tel: 01803 208025
- Email: licensing@torbay.gov.uk
- Fax: 01803 208854