Apply for a sex establishment licence

You need to apply for a licence if you want to run:

• A sexual entertainment venue, which is any premises where there is any live performance of live display of nudity
• A sex shop, which is any premises primarily selling sex toys, books or videos
• A venue where explicit films are shown to members of the public

If you want to sell alcohol on your premises, you must also apply for a premises licence.

Who can apply

You must:

• be 18 or over
• have been a resident in the UK for at least 6 months when you apply
• not be disqualified from holding a sex establishment licence
• not have been refused a new or renewed licence for the premises in the last 12 months, unless the refusal has been reversed on appeal
• if applying as a company, the company must be incorporated in the UK

Change, renew or transfer a licence

Vary a licence

You can apply to change the terms, conditions or restrictions of the licence at any time.

The process is the same as for applying for a new licence. You do not need to submit a plan of the premises, unless the premises layout has changed.

Renew a licence

You must renew your licence every year.

You need to apply to renew before your current licence expires. We recommend submitting your completed renewal application at least 1 month before the current licence expires. 

The process is the same as for applying for a new licence. You do not need to submit a plan of the premises, unless the premises layout has changed.

Transfer a licence

You can apply to transfer a licence to someone else at any time. The process is the same as for applying for a new licence. You do not need to submit a plan of the premises. 

Fees

Unless a shorter period is specified, all licences will be granted for one year. You must apply to renew each year.

Before you apply

Before starting your application, please make sure you understand the statement of licensing policy for sex establishment.

You must meet standard venue conditions listed in Appendix D of our statement of licensing policy for sex establishment.

How to apply

You will need to include:

1. Information on each applicant

The SE2 form allows to provide information for each person who will be named in the application. This includes:

• Company directors
• Company secretaries
• Managers
• Relief managers
• Any other people responsible for the premises

2. A plan of the premises

A plan of your premises, drawn to scale.

How to create a sex establishment premises plan.

3. Street elevation plan

A drawing of the street elevation of the premises, or photographs showing the exterior of the premises on the street.

4. Workplace conduct and welfare policies

Guidelines for how staff and customers should behave, and the steps taken to keep staff safe and comfortable.

• Staff Welfare Policy
• Code of conduct for dances (if appropriate)
• Code of conduct for customers (if appropriate)
• Dancers’ information pack (if appropriate)

5. Legal documents

You also need to provide the following legal documents, where appropriate:

• Licences for all vehicles used as part of the business.
• If the business is run by or on behalf of a body corporate or unincorporated body: a certified copy of the decision authorising the application.
• If the business is run by or on behalf of partners: a copy of the written permission of all partners approving the application.
• If the applicant is a company: copies of the memoranda and articles of association of:
  • the company
  • the parent company
  • any ultimate holding company 
• If the application is made on behalf of a partnership: a certified copy of the Partnership deed.

6. Advertise your application

Public notice

You must display a public notice outside the premises for 21 days to give local residents the opportunity comment. 

Newspaper advertisement

Once we have checked your application, we will let you know to advertise your application. You must advertise the notice of the application in a local newspaper (Herald Express or Torbay Weekly) within 7 days after submitting your application.

How to advertise your application and display a public notice.

After your application has been approved, you will need to email us:

• a copy of the newspaper advert
• a photo of your site notice in position.

Apply for a licence

Once you have gathered this information, you will need to register or log in to our customer portal to apply online.

If you have already started an application and need to complete it, log in to My Torbay and choose ‘pending forms’ from the menu.

Help with your application

If you need help or guidance, you can request a pre-application advice appointment.

What happens next

What happens next

Once your application and documents have been checked, we will send your application to Devon and Cornwall Police. They have 28 days to comment. We will also tell you to advertise your application.

Objections

Objections can be made within the period of 28 days.

If no objections are received, we will grant the premises licence as requested. This will usually be within 7 days of the end of the 28-day consultation period.

If any objections are received, the application will have to go to a committee hearing. A small group of Torbay councillors will then hear all the facts and make a decision.

We will notify you of any objections and give you the opportunity to attend the hearing in person. We will send you a letter with a ‘notice’ telling you the time and place. A second notice is enclosed which you must return. At the hearing, the committee will either approve, add conditions or reject the application.

Appeals

If you disagree with the licensing committee’s decision, you can appeal to your local magistrates’ court. You must do this within 21 days of the decision.