Skip to main content

Sex establishment licences

To run a sex shop (any premises selling sex toys, books or videos) you may need a licence. To run a venue where explicit films are shown to members of the public, you may also need a licence.

However, you may apply to the council requesting them to waive the requirement of a licence.

A summary of the regulation relating to this licence

Eligibility

To apply for a licence you must:

  • be at least 18 years old
  • not be disqualified from holding a licence
  • 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
  • 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

Make an application

Before making an application, we recommend that you read our guidance notes.

To make an application, you will need to provide us with:

  1. A completed and signed application form
  2. An application deposit
  3. Copy(s) of a scaled plan delineating the specific rooms or premises to which this application relates with escape routes (in case of emergency) indicated
  4. Copy of a scaled location plan in relation to this application 
  5. Any additional information in support of the application (where applicable)

Will tacit consent apply?

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from us within a reasonable period, please email licensing@cheltenham.gov.uk

Fees

Sex establishment licence fees
Item Fee
Deposit (non-refundable) £1298.58
Initial application (remainder) £1298.58
Subsequent fee £665.52
Transfer or variation £665.52

 

Sexual entertainment licence fees
Item Fee
Deposit (non-refundable) £2100.00
Initial application (remainder) £2591.40
Subsequent fee £2591.40
Transfer or variation £942.90

What happens next

During the consultation period, a public notice must be put on display outside the premises for a period of no less than 21 consecutive days (from the date of the application). The public notice must be prominently displayed on a part of the premises where it can easily be seen and read by people in the street or any adjoining public place. Large premises or buildings which are set back from the main thoroughfare may require more than one notice at our discretion.

In addition, a public notice must be published in the local newspaper no later than 7 days after the date of the application.  A copy of the notice must be sent to the licensing section at the council.

We will consult with Gloucestershire Constabulary.

Having received all comments and public representations and taking into account the standard conditions, your application will be heard by this council's licensing committee. 

If your application is granted you will be informed in writing and issued with a licence to display inside the main entrance of the premises, with any special conditions attached (which are additional to our general conditions) that are deemed necessary by the officers or members of the licensing committee. 

Transferring your sex establishment licence

A sex establishment licence can be transferred at any time.

To transfer your licence you must:

  1. submit a completed application form to the licensing section at Cheltenham Borough Council
  2. pay the full transfer fee

 

During the consultation period, a public notice must be put on display outside the premises for a period of no less than 21 consecutive days (from the date of the application). The public notice must be prominently displayed on a part of the premises where it can easily be seen and read by persons in the street or any adjoining public place. Large premises or buildings which are set back from the main thoroughfare may require more than one notice at our discretion.  

 

In addition, a public notice must be published in the local newspaper no later than 7 days after the date of the application.  A copy of the notice must be sent to the licensing section at the council. 

Your application will be determined by delegated authority if no valid objections are received.  If we do receive valid objections, your application will be referred to the licensing committee.

Redress procedure

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.

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 we 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 Cheltenham Borough Council in the first instance.

A licence holder who wishes to appeal against a condition can appeal to a local magistrates' court.

Licence holders may at any time apply to us 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.

Other redress

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.

Consumer complaint

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 consumer service will give you advice. From outside the UK contact the UK European consumer centre.