Torbay is situated on the South Devon coast, on the south west peninsular of England and comprises the three towns of Torquay, Paignton, and Brixham. Torbay is an outstanding coastal location including 22 miles of coastline which has shaped its economic and social development over time. Historically the local economy has focused on tourism, fishing and to a lesser extent manufacturing activities.
The three towns of Torbay and its environs have a combined population of 134,000, making Torbay the second largest conurbation to the south west of Bristol. Tourism in Torbay accounts for 1.45 million staying visitors plus 3.8 million day visitors, generating a direct and indirect spend of £442 million per annum. This represents around one third of the areas wealth and also one third of its jobs.
This Statement of Licensing Policy for sex establishments sets out Torbay Council’s requirements for premises to be licensed as sex establishments within the meaning of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by section 27 of the Policing and Crime Act 2009). This legislation shall be referred to thereafter as ‘the Act’.
Section 2 of the Act provides that local authorities may resolve that Schedule 3 will apply to their area, which has the effect of requiring premises operating as sex establishments in that authority’s area to be licensed. The adoption of Schedule 3 also allows the Council to set terms and conditions and fees for the grant, renewal, variation and transfer of such licences and the number of licences that may be issued in the area, which may be nil.
Schedule 3 was originally adopted for sex shops and sex cinema’s on the 28th October 1982, and has subsequently been adopted for Sexual Entertainment Venues on the 2 December 2010.
This policy therefore replaces all previous policies.
Torbay Council does not take a moral stand in adopting this policy. We recognise that parliament has made it lawful to operate a sex establishment, and that such businesses are a legitimate part of the retail and leisure industries. It is our role as a Licensing Authority to administer this licensing regime in accordance with the law.
1.1 Torbay Council resolved to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, providing that anyone wishing to operate a ‘sex establishment’ within the Borough must first obtain a licence from the Council.
1.2 This Statement of Licensing Policy for sex establishments sets out the Council’s requirements for premises to be licensed as ‘sex establishments’ within the meaning of the Act.
1.3 The information contained in the appendices attached and referred to within this policy should be read as an inclusive part of this policy document.
1.4 Applicants are strongly advised to seek their own legal advice if they are unsure of the requirements of the Act or schedules issued under the Act.
1.5 A ‘sex establishment’ is defined under the Act as a ‘sex shop’, a ‘sex cinema’ or a ‘sexual entertainment venue’. Full definitions of those and other relevant terms can be found in Appendix A. This appendix also provides detail on when a sexual entertainment venue is exempt from the provisions of the Act.
1.6 Sex establishments include any premises, vehicle, vessel or stall used as a sex establishment but does not apply to the sale, supply or demonstration of articles which are manufactured for use primarily for the purposes of birth control or primarily relate to birth control.
1.7 This Statement of Licensing Policy sets out position the Licensing Authority will generally apply when making decisions on applications. This document explains the application process and provides information on what is expected of Applicants. In addition, the processes by which Representations may be made about an application are explained.
1.8 Whilst this policy stands alone, applicants are advised to also have regard to the Torbay Council’s Licensing Act 2003 Statement of Principles 2011 which may impact on an Applicant’s application, particularly those wishing to undertake other licensable activities such as the retail sale of alcohol or the provision of regulated entertainment.
1.9 In addition to considering the requirements of the Act, consideration has been given to the following requirements in developing this policy:
1.10 At the time of adopting this policy, the Borough of Torbay Council has two licensed sex establishments, both sex shops, and at least four premises that have conditions on their existing premises licence which means they are likely to fall within the definition of sexual entertainment venue. However, at present only one of the premises operates as a sexual entertainment venue.
1.11 The consultation with regard to this document took place between 9th December 2010 and 2 March 2011, in line with Her Majesty’s Government Code of Practice on Consultation (published July 2008). Consultation was conducted with local residents, the statutory responsible authorities under the Licensing Act 2003, the business community, Torbay Care Trust, Town Centre Company, English Riviera Tourism Company, Torbay Development Agency, Torbay Council’s Children’s Services, as well as representatives of holders of premises licences under the Licensing Act 2003 in the Borough.
1.12 The Authority may from time to time exercise its powers under section 115 of the Crime and Disorder Act 1998 to exchange data and information with the police and other partners to fulfil its statutory objective of reducing crime in the area.
1.13 Details of applications and objections which are referred to a Licensing Sub-Committee for determination will be published in reports that are made publicly available in accordance with the Local Government Act 1972 and the Freedom of Information Act 2000.
1.14 The names and addresses of objectors will not be disclosed to applicants or published in public reports in accordance with the Act. Such details will be made available to Councillors on the Licensing Sub-Committee.
1.15 Should you have comments regarding this policy please write to the Licensing and Public Protection Team, Community Safety, Torbay Council, Town Hall, Torquay TQ1 3DR or email licensing@torbay.gov.uk.
1.16 Relevant legislation can be viewed at legislation.gov.uk.
2.1 Torbay Council being the Licensing Authority in Torbay for the purposes of the Act recognises that it can set a quantity limit regarding the number of sex establishments in an area. For the purposes of the consultation this has been set as follows.
2.2 Irrespective of the numerical limit, and whilst treating each application upon its own merits, the Council will not licence premises in the locality of:
3.1 Whilst not required, the Council as the Licensing Authority would normally expect that applications for licences for permanent commercial premises should be from businesses with planning consent for the property concerned.
3.2 The Licensing Authority expects that applicants will have consulted with local residents, businesses and/or community groups in the vicinity of the premises so far as is reasonably practicable to do so.
3.3 Applicants are advised to consider the Licensing Authority’s model conditions for each respective type of sex establishment, as these will be applied as conditions to each licence, unless Representations on these conditions are made and accepted to the contrary.
3.4 Applications in respect of premises must state the full address of the premises. Applications in respect of a vehicle, vessel or stall must also state where it is to be used as a sex establishment.
3.5 Applications should be made in line with Appendix B, which details requirements such as notification to the Police, and the display and advertisement of public notices. Application forms can be downloaded from the Council’s web-site, or are available upon request to the Licensing and Public Protection Team.
3.6 An application form and relevant documentation for the new licence, renewal, variation or transfer must be completed and returned with the appropriate non-returnable fee, as set out on the Council’s webpage.
3.7 The fees are outlined on the applying for a sex establishment licence web page.
These will be reviewed annually so reference to future fee levels will be found in the discretionary fees and charges for each year.
3.9 Unlike some other licensing regimes (such as for alcohol, regulated entertainment, or gambling), a wide range of people can raise objections about sex establishment licences. The police are a statutory consultee for all applications.
3.10 Those making an objection, must state in general terms the grounds of that objection. objections should:
3.11 Objections may only be made within the period of 28 days following the date on which the application was given to the Licensing Authority.
3.12 The Licensing Authority will not normally consider any objection that does not contain the name and address of the person making it.
3.13 Objections received that are frivolous or vexatious or which relate solely to moral grounds are likely to be given less weight by the Licensing Authority. A vexatious objection is generally taken to be one which is repetitive, without foundation or made for some other reason, such as malice. A frivolous objection is generally taken to be one that is lacking in seriousness.
3.14 Where objections are made the Licensing Authority will provide copies to the applicant. Names and addresses of those making Representations will not be disclosed, except with written permission.
3.15 When considering applications, the Licensing Authority will have regard to:
3.16 This does not, however, undermine the rights of any person to apply for a licence and have the application considered on its own merits, nor does it override the right of any person to make objections on any application where they are permitted to do so under the Act.
3.17 When determining applications, the Licensing Authority will take account of all Representations made.
3.18 The Licensing Authority will take the following approach to deciding applications:
3.19 Where objections are made and not withdrawn, a hearing before a Licensing Sub Committee will normally be held within 20 working days of the end of the period during which Representations may be made.
3.20 Objections will be considered by a Licensing Sub Committee, where both the applicants and objectors will be offered equal opportunity to state their case.
3.21 The Licensing Authority will attach all the relevant standard conditions to any licence. The Council recognises that each application should be considered on its own merits and as such will consider any representations about the alteration to, addition to or removal from this standard list. However there will need to be good reason to depart from the agreed conditions found within the attached appendices C and D. This will need to be agreed by Licensing Committee. There are no standard conditions for sex cinemas, as the Council has a numerical limit of zero.
3.22 Except where the Licensing Authority is prohibited from granting, renewing, varying or transferring a licence, the Council will not refuse a licence without first:
3.23 The Licensing Authority must refuse to grant or transfer a licence to:
3.24 An application for grant or renewal of a licence may be refused on one or more of the grounds shown below.
3.25 An application for transfer of a licence may be refused on either or both of the grounds shown in paragraphs (a) and (b) below.
The grounds for refusal are:
3.26 The Licensing Authority may revoke a licence:
3.27 The Licensing Authority will not normally revoke a licence without first giving the holder of the licence the opportunity of appearing and making Representations before a Licensing Sub Committee.
3.28 The licence holder may surrender the licence at any time and may by written request ask the Licensing Authority to cancel the licence.
3.29 In the event of the death of a licence holder, the licence will be deemed to have been granted to his/her personal representatives and will remain in force for 3 months from the date of death, unless previously revoked.
3.30 Where the Licensing Authority is satisfied that it is necessary for the purpose of winding up the estate of the deceased licence holder, it may extend or further extend the period in which the licence remains in force.
3.31 Section 27 of the Act permits appeals against the decisions of the Licensing Authority in relation to sex establishments. Appeals will be heard in the first instance by the Magistrate’s Court. An appeal should be made within 21 days of the date of the receipt of the Licensing Authority’s written decision.
3.32 An appeal can be made in the following circumstances:
3.33 There is no right of appeal for objectors. There is a right of appeal against refusal on mandatory grounds, only where the appellant alleges that the ground(s) did not apply to them. There is no right of appeal against refusal on the grounds that there are sufficient sex establishments in the locality or that to grant would be inappropriate having regard to the character of the locality, use of premises in the vicinity and the layout, character, condition and location of the premises.
3.34 A person wishing to appeal against a Licensing Authority decision on a sex establishment is strongly advised to seek legal advice prior to commencing any action in a Court of Law.
4.1 Torbay Council as the Licensing Authority is responsible for the administration and enforcement of this licensing regime and will abide by Community Safety Enforcement Policy which has regard to the Department of Business Enterprise & Regulatory Reform’s Regulators’ Compliance Code and the Better Regulation Commission’s ‘Five Principles of Good Regulation’. The Council will carry out its regulatory functions in a fair, open and consistent manner. The Enforcement Policy is available from the Community Safety Department at Torbay Council.
4.2 Specifically, the Council will:
4.3 The Council recognises the interests of both citizens and businesses and will work closely, with partners, to assist licence holders to comply with the law and the conditions attached to the licence. However, proportionate but firm action will be taken against those who commit serious offences or consistently break the law or breach the conditions of the licence.
A ‘sex establishment’ is defined under the Act as a ‘sex shop’, a ‘sex cinema’ and a ‘sexual 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.
‘Sex cinema’ means any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced, which:
‘Sex shop’ means 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 article’ means anything made for use in connection with, or for the purpose of stimulating or encouraging:
This sub paragraph applies –
Licences for sex shops are required where 18R films are being sold, or where there is a “significant degree” of “sex articles”.
The phrase ‘sex articles’ is defined in the 1982 Act, (as above) but the phrase ‘a significant degree’ is not. When considering whether or not a business is selling a significant degree of sex articles and needs a licence, we will consider:
A ‘sexual entertainment venue’ means “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’ means:
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.
A ‘display of nudity’ means:
An organiser means any person who is responsible for the organisation or management of;
Notwithstanding the above, the following are not sexual entertainment venues for the purposes of this policy:
For the purposes of this policy, relevant entertainment is provided if, and only if, it is provided, or permitted to be provided, by or on behalf of the organiser before an audience and involves partial or full nudity.
1) To apply for the grant of a sex establishment licence an applicant must: -
2) The plan shall show: -
3) The plan may include a legend through which the matters mentioned or referred to above are sufficiently illustrated by the use of symbols on the plan.
4) A notice must be displayed at or on the premises to which the application relates for a period of not less than 21 consecutive days from the day following the day the application was given to the Council, where it can be conveniently read from the exterior of the premises.
5) Where the premises cover an area of more than 50 square meters, a further identical notice must be displayed every 50 metres along the external perimeter of the premises abutting any highway.
6) The notice must be on pale blue paper sized A4 or larger and printed legibly in black ink or typed in black in a font size equal to or larger than 16.
7) The notice must state: -
8) A similar notice must be published in a local newspaper or similar document within 7 days of giving the application to the council.
9) The holder of a licence may apply at any time for any variation of the terms, conditions or restrictions on or subject to which the licence is held.
10) The process of applying for a variation is the same as that for applying for an initial grant except that a plan of the premises is not required unless the application involves structural alterations to the premises.
11) The holder of a licence may apply for renewal of the licence. In order for the licence to continue to have effect during the renewal process, a valid application together with the appropriate fee must be submitted before the current licence expires.
12) The process of applying for renewal of a licence is the same as that for applying for an initial grant except that a plan of the premises is not required.
13) A person may apply for transfer of a licence at any time.
14) The process of applying for transfer of a licence is the same as that for applying for an initial grant except that a plan of the premises is not required.
1) Where any special conditions appear on any licence issued by the Council which appear to be inconsistent with these regulations, the regulations shall prevail.
2) The grant of a licence for a sex shop shall not be deemed to convey any approval or consent which may be required under any enactment, bye-law, regulation or order other than the Third Schedule to The Act.
3) Where marginal notes and headings have been inserted in these regulations, this has been done for the purpose of information and convenience only and shall not affect in any way the meaning or construction thereof.
4) The Council reserves the right from time to time in any special case to add to or modify these licence conditions.
5) Except with the prior consent of the Council, a sex shop shall not be open to the public before 9 am and shall not be kept open after 6 pm.
6) Sex shops must not operate on Good Friday, Easter Sunday, Christmas Day, and Boxing Day.
7) 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 is to be notified in writing to the Council within 14 days of such change and such written details as the Council may require in respect of any new Director, Secretary or Manager are to be furnished within 14 days of a request in writing from the Council.
8) The licensee or some responsible person nominated by him in writing for the purpose of managing the sex shop in his absence and of whom details (including photographs) have been supplied to and approved in writing by the Council shall be in charge of and upon the Premises during the whole time they are open to the public.
9) The name of the person responsible for the management of a sex shop at any particular time it is open to the public shall be prominently displayed within the premises throughout the time he or she is responsible for its conduct.
10) The licensee shall maintain a daily register in which shall be recorded the name and address of any person who is to be responsible for managing the sex shop in his or her absence and the names and address of all those employed in the sex shop. The register is to be completed each day of the sex shop opening for business and is to be available for inspection by the police and authorised officers of the Council.
11) The licensee shall retain control over all portions of the Premises and shall not let, licence or part with possession of any part of the Premises.
12) The licensee shall maintain good order in the premises.
13) No person under the age of 18 years shall be admitted to the Premises or employed in any position with regard to the business of a sex shop.
14) The licensee shall ensure that the public are not admitted to any part of the premises other than those parts which have been approved by the Council.
15) The licensee shall ensure that no part of the premises shall be used by prostitutes (male or female) for soliciting or for any immoral purpose.
16) Neither the licensee nor any employee or other person shall seek to obtain custom for the sex shop by means of personal solicitation outside or in the vicinity of the Premises.
17) The licensee shall comply with all statutory provisions and any regulations made there under.
18) The licensee shall ensure that during the hours the sex shop is open for business, every employee shall wear a badge of a type approved by the Council indicating his or her name and that he or she is an employee.
19) The copy of the licence and of these regulations required by be exhibited in accordance with Paragraph 14(1) of Schedule 3 to the Act shall, if reproduced, be to the same scale as the originals issued by the Council. The copy of the licence required to be displayed as aforesaid shall be suitably framed and a copy of these regulations shall be retained in a clean and legible conditions.
20) A sex shop shall be conducted primarily for the purpose of the sale of goods by retail.
21) The premises shall only be used as a shop.
22) No residential use shall be made of any part of the premises unless a separate access is provided from the outside of the premises.
23) No change of use of any portion of the premises from that approved by the Council shall be made until the consent of the Council has been obtained thereto.
24) All sex articles and other things displayed for sale, hire, exchange or loan within a sex shop shall be clearly marked to show to persons who are inside the premises the maximum prices to be charged.
25) All printed matter offered for sale, hire, exchange or loan shall be available for inspection prior to purchase and a notice to this effect shall be prominently displayed within the sex shop.
26) No film or video film shall be exhibited, sold or supplied unless it complies with the Videos Recording Act 2010 and is a reproduction authorised by the owner of the copyright of the film or video film so certified.
27) The licensee shall, without charge, display and make available in the sex shop such free literature on counselling in relation to sexual problems, published by any organisation as may be specified by the Council. Such literature is to be displayed in a prominent position approved by the Council adjacent to all sale points in the sex shop.
28) No display, advertisement, word, letter, model, sign, placard, board, notice, device, representation, drawing, writing, or any matter or thing (whether illuminated or not) shall be exhibited so as to be visible from outside the premises except:-
29) The entrances to the premises shall be of a material or covered with a material which will render the interior of the premises not visible to passers by.
30) Windows and openings to the premises other than entrances shall not be obscured otherwise than with the consent of the Council but shall have been suspended behind them, in a position and at an attitude approved by the Council, opaque screens or blinds of a type and size approved by the Council. This regulation shall not be construed as lessening the obligation of the licensee under Regulation 28 hereof.
31) All parts of the premises shall be maintained in good repair and in a clean and wholesome condition.
32) A lobby area shall be provided at the entrance to the shop to ensure that the inside of the shop is not visible when the front door is opened.
33) Lighting in all parts of the premises as approved by the Council shall be in operation continuously during the whole of the time that the sex shop is open to the public.
34) The number, size and position of all doors or openings provided for the purposes of the ingress and egress of the public shall be approved by the Council and shall comply with the following requirements:-
(a) All such doors or openings approved by the Council shall be clearly indicated on the inside by the word “EXIT”.
(b) Doors and openings which lead to parts of the premises to which the public are not permitted to have access shall have notices placed over them marked “PRIVATE”.
(c) Save in the case of emergency, no access shall be permitted through the premises to any unlicensed premises adjoining or adjacent.
35) The external doors to the sex shop shall be fitted with a device to provide for their automatic closure and such devices shall be maintained in good working order.
36) 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.
37) No fastenings of any description shall be fitted upon any booth or cubicle within the sex establishment nor shall more than one person (including any employee) be present in any such booth or cubicle at any time.
38) Alterations or additions either internal or external and whether permanent or temporary to the structure, lighting or layout of the premises shall not be made except with the prior approval of the Council.
39) The licensee shall take all reasonable precautions for the safety of the public and employees.
40) The licensee shall comply with any fire precautions and safety measures that may be required of him by Torbay Council or the Fire Authority.
41) The premises shall be provided with fire appliances suitable to the fire risks of the Premises and such fire appliances shall be maintained in proper working order and shall be available for instant use.
1) The Licensee must remain in personal control of the Premises at all times or nominate an individual in writing over the age of 18 with the authority to organise/arrange/facilitate activities within the Premises.
2) The Licensee must produce a Management Operation manual detailing all aspects of procedure when the Premise is operating the relevant entertainment. This document shall be regularly reviewed and be available for inspection by Torbay Council or Police Officers upon request.
3) Control measures must be in place as part of the Management Operation Manual to ensure the safety of performers when they leave the Premises following a period of work.
4) The Premises must provide a copy of its Club Rules or any revisions to the Council and the Police before the premises open under its Sex Establishment Licence.
5) The Licensee must ensure that all performers and staff, including door supervisors, shall be made aware of the Club Rules.
6) All dancers, staff and door supervisors shall read a copy of the Club Rules relating to operating relevant entertainment. They shall sign and date a copy which shall be retained by the Premises as part of their due diligence. They shall be available for inspection by Torbay Council or Police Officers upon request.
7) A clear copy of these conditions and the Club Rules shall be exhibited at all times in or near the performers’ changing room(s) in such a manner as they can be read by the performers. These conditions shall be protected against theft, damage or defacement.
8) A large print copy of the club rules must be clearly displayed at the entrance/lobby of the premises and each customer shall be advised of the club rules prior to entry.
9) Club Rules on the performance of relevant entertainment will be displayed throughout the Premises and be clearly visible to customers. This will include any private individual booth area. The use of table/bar notices or prominent signage throughout the premises would be satisfactory.
10) The Licensee shall ensure that all performers and all staff working within sexual entertainment venues hold the required Work Permit, if not a United Kingdom citizen.
11) Performers shall be aged not less than 18 years. The Licensee must maintain adequate records of the names, addresses and dates of birth of performers including adequate identity checks using recognised photographic documentation, such as a passport or driving licence.
12) A log book shall be maintained on the Premises detailing the names, start and finish times, of the individual performers involved in all forms of adult entertainment.
13) Performers must remain clothed in public areas and all other areas except while performing in areas specified by the Council as where sexual entertainment may be provided.
14) No performer shall be allowed to work if, in the judgement of the management, they appear to be intoxicated or under the influence of illegal substances.
15) Performers must get dressed at the end of each performance to the extent that their breasts and genitals are fully covered.
16) Performers shall not accept any telephone number, email address, address or contact information from any customer.
17) Performers shall only perform on the stage area, to seated customers or in such other areas of the licensed premises as may be agreed in writing with the Council.
18) There shall be no physical contact between customers and the performers except for the placing of money or tokens into the hands of the dancer at the beginning or conclusion of a performance.
19) Customers must be seated in an upright position against the back of the booth or seat with their hands by their sides before a dancer can start a table or private dance.
20) A clear distance must be maintained between customers and performers at all times and this must be documented in the Management Operation Manual to ensure performers are aware of this requirement. A distance of 1 meter is recommended for all performances.
21) Performers must not
22) In the event of the relevant entertainment being performed for private viewing, the customer shall be informed of the duration and price of the relevant entertainment, and the details shall be specified in a clearly visible notice in each area designed for private relevant entertainment.
23) Any individual employed on the Premises to conduct a security activity (within the meaning of section paragraph 2(1)(a) of schedule 2 to the Private Security Industry Act 2001) must be licensed by the Security Industry Authority or any replacement organisation.
24) An adequate number of registered Door Supervisors shall be on duty on the Premises whilst relevant entertainment takes place. There shall be at least one Door Supervisor on each entrance and in each separate part of the Premises. Provision must also be made for the security of performers, with either a door supervisor located at the entrance to the changing rooms or a secure entry mechanism such as a PIN door lock installed on the changing room door.
25) No person under the age of 18 shall be admitted to the Premises. Customers who appear to be under the age of 25 must be asked to provide approved photographic proof of their age, i.e. passport, driving licence or pass-scheme. The Licensee must provide prominent notices at each entrance to the Premises to this effect.
26) No customer shall be admitted to the Premises if, in the judgement of the management or the SIA door staff, they appear to be intoxicated, or under the influence of illegal substances.
27) Customers may not dance at any time except in areas specifically designated by the Council as being separate from areas for sexual entertainment.
28) Customers must remain appropriately clothed at all times.
29) The Licensee shall ensure that CCTV is installed and maintained to the satisfaction of the Police and Officers of Torbay Council.
• CCTV shall be installed in all private performance areas
• any images are retained for a period of at least 14 days, and
• made available to a Police Officer or authorised officer of the Council for the purpose of their statutory duties.
• images shall be downloaded on request with a copy provided to a Police Officer or authorised officer of the Council.
30) A member of staff who is fully trained in the use of the CCTV system shall be on duty at all times when the Premise is open until the premises are clear of customers, cleared of staff and closed.
31) The Premises will provide any footage upon request by the Police or Licensing Authority within 24hrs of the request.
32) Other than recordings made in accordance with the conditions relating to CCTV, no filming, recording or electronic transmission of performances shall take place without the prior consent of the Licensing Authority.
33) The approved activities shall only take place in the areas designated by the Licensing Authority.
34) A suitable system must be installed to ensure the safety of performers whilst in private booths. This should include a combination of CCTV and door supervisors and be fully documented as part of the premises management operation manual. Where the premises is unable to satisfy Torbay Council and/or the Police that the measures in place adequately protect performers, then all dance booths used as part of the approved activities must be equipped with a panic alarm for safety. Procedures shall be put in place to ensure that this alarm system is monitored at all times during approved entertainment.
35) The licensee shall ensure to the Council’s satisfaction (including, where required, necessary planning or building control consents) that the interior of the premises is not visible from the outside of the Premises, and that the exterior is maintained to a satisfactory level of decorum. At no point may dancers be visible from outside of the premises.
36) The licensee shall ensure that any occupancy limits set by Torbay Council are not exceeded whilst sexual entertainment takes place on the premises.
37) Information shall be clearly displayed within the internal exit areas of all sexual entertainment venues, reminding customers to behave in a responsible and appropriate way towards all persons, after leaving the venue.
38) The licensee shall ensure that neither they nor any person promoting or providing entertainment on the premises (nor any person acting on behalf of any such person) shall display advertisements promoting the entertainment or the premises in any unlawful manner.
39) Where the Council has given notice in writing to the licensee objecting to an advertisement on the grounds that, if displayed, it would offend against good taste or decency or be likely to encourage or incite crime or to lead to disorder or to be offensive to public feeling, that advertisement shall not be displayed.
40) The licensee shall not permit the display outside of the premises of photographs or other images which indicate or suggest that striptease or similar entertainment takes place on the premises and which may be offensive.
41) The licensee shall ensure that neither they nor any person promoting or providing entertainment on the premises (nor any person acting on behalf of any such person) shall distribute flyers direct to residential premises, advertising the venue.
42) The licensee shall provide in a timely fashion copies of any documents reasonably required by an authorised officer of the Council in relation to compliance with this licence.