| Safety and Licensing | |
| Torbay Council | |
| Roebuck House Abbey Road Torquay TQ2 5TF | |
| licensing @torbay.gov.uk | |
| 01803 208126 | |
| 01803 208854 | |
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A Sex Shop is a premises used for a business which consists “to a significant degree” of selling articles which can be used in connection with or to promote sexual activity.
The licensing of Sex Shops is governed by Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982. A Local Council as Licensing Authority may, from time to time, grant or renew a Licence for the use of any premises, vehicle, vessel or stall for such purposes on such terms and conditions, as it thinks fit. Licences are not issued for periods longer than twelve months.
An application may be made by an individual on behalf of her/himself or in relation to a company by completing the appropriate application form and providing the details requested. In addition, the applicant must, at her/his own expense, publish a notice in the prescribed form in a local newspaper not more than 7 days after the date of the application.
If the application is in respect of premises, a copy of this notice shall be placed on those premises in a position where it can be easily read by the public, such notice to be posted on the day of application and remain in position continuously for 21 days.
A copy of the application must also be sent, within 7 days of the date of application, to the Chief Officer of Police for the district within which the premises are situated.
A Certificate in the prescribed form must be provided to the Council confirming that the above procedure has been carried out.
Any objections received as a result of the above procedure within 28 days of the application date will be provided to the applicant although the identity of the objector may not be provided without prior consent. The applicant will then have the opportunity of providing information in support of the application for consideration by the Council’s Licensing Committee at its next available meeting at which time all objections will be considered. The applicant will be given the opportunity of appearing before and being heard by the Committee.
In the event that the application is refused, the Council may be required to provide the grounds for refusal within seven days of the decision. The applicant has the Right of Appeal to the Magistrates’ Court within 21 days of the decision having been given.
No Licence may be granted to:
A copy of the legislation can be viewed at the Council Offices where you can also obtain an application form and a copy of our standard conditions.
A copy of the application/renewal/transfer form and application procedures are available for download or available from the Licensing Team.
For further information on sex shop licences please contact the Licensing Team.
Sex Establishment Application Procedure