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Sexual entertainment venues

Any premises that wants to offer sexual entertainment or relevant entertainment on a regular basis before a live audience for the financial gain of the organiser or the entertainer must have a sexual entertainment venue (SEV) licence.

We have produced a brief guidance note intended to provide licensed operators in Cheltenham with information about what is permitted if you offer, or intend to offer, adult entertainment at your premises.

What is relevant entertainment?

Relevant entertainment is any live performance or 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).  Examples include, amongst other things, lap dancing, pole dancing and strip shows.

Offering occasional entertainment

By law, a premises can offer relevant entertainment on an infrequent basis without the need for a sexual entertainment venue licence. For this to apply, the relevant entertainment should not occur for longer that 24 hours, with at least a calendar month separating each occasion, and on no more than 11 occasions over a 12 month period.  To take advantage of this exemption, the premises must have the required permissions (such as performance of dance and music) under the Licensing Act 2003 either by means of a Temporary Event Notice or the premises' current premises licence.

Who can apply for a SEV licence?

To apply for this 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

Applications

Policy statement

Cheltenham Borough Council has adopted a policy statement on the licensing and regulation of sexual entertainment venues (SEV).  We strongly advise applicants to read the policy before making an application.

The council has decided that it would not be appropriate to license SEVs outside the adopted core shopping area (see page 10 of the policy). Therefore, the number of permitted SEVs outside the adopted core shopping area is zero.

Inside the adopted core shopping area the council will not set a limit on the number of permitted SEVs and each application will be determined on a case-by-case basis in line with the policy criteria.

Make an application

To make an application, you must submit:

  • a completed application form
  • a plan of the premises to which the application relates showing, amongst other things, all entrances and exits to and from the premises and parts used in common with any other building
  • details of how the premises lie in relation to the street (see policy 6.2)
  • a site plan scale 1:1250
  • drawings showing the front elevation as existing and as proposed to a scale of (1:100) (See policy 6.2)
  • the fee

Application evaluation process

Fees will be payable for applications and conditions may be attached.

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

Notices

Once your application has been submitted and approved, 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 beginning on the day after the application was given to the council, where it can be conveniently read from the exterior of the premises.

Where the premises cover an area of more than 50 square metres, a further identical notice must be displayed every 50 metres along the external perimeter of the premises next to any highway.

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.

The notice must state:

  • details of the application and activities that it is proposed will be carried on the premises
  • the full name of the applicant
  • the postal address of the premises, or in the case where there is no postal address, a description of the premises to enable the location and extent of the premises to be identified
  • the date, being 28 days after the application is given to the council, by which objections may be made to the council and stating that the objections should be made in writing
  • that it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine (£20,000) for which a person is liable on summary conviction for the offence

A similar notice must also be published in a local newspaper or similar document within seven days of giving the application to the council.

Determination

All applications for the grant of a new sexual entertainment venue licence will be referred to a licensing committee for determination. The committee will take into account the criteria set out in section three of the policy with regards to the character, relevant locality and the appropriate number of sexual entertainment venues for the relevant locality.

In determining the application, the licensing committee will have regard to this policy statement, the application itself and any objections that may have been made. In all cases, each application will be determined on its own merits.

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 the local authority within a reasonable period, please contact it. 

Variation, renewal or transfer of licence

Variation of a licence

The holder of a sexual entertainment venue licence may apply at any time for a variation of the terms, conditions or restrictions on the licence.

The process of applying for a variation is the same as applying for an initial grant, except that a plan of the premises is not required unless the application involves structural alterations to the premises.

Renewal of a licence

The holder of a sexual entertainment venue licence may apply for renewal of the licence. For the licence to continue to have effect during the renewal process, a valid application form together with the appropriate fee must be submitted before the current licence expires.

The process of applying for the renewal of a licence is the same as applying for an initial grant except that a plan of the premises is not required.

Transfer of licence

A person may apply for the transfer of a licence at any time.

The process of applying for the 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.

Guidance on making a representation on an application for a sexual entertainment venue licence

These guidance notes must be read in conjunction with the council's Sexual Entertainment Venue Policy Statement.

Grounds for refusal of an application

There are a number of mandatory and discretionary grounds of refusal of an SEV licence.

Mandatory

A licence cannot be granted:

  • to any person under the age of 18 years
  • to any person who is for the time being disqualified due to having had a previous licence revoked in the area of the appropriate authority within the last 12 months
  • to any person, other than a body corporate, who is not resident in an EEA state or was not so resident throughout the period of six months immediately preceding the date when the application was made
  • to a body corporate which is not incorporated in an EEA state
  • to any person who has, within a period of 12 months immediately preceding the date when the application was made, been refused that grant or renewal of a licence for the premises, vehicle, vessel or stall in respect of which the application is made, unless the refusal has been reversed on appeal

Discretionary

The council may also refuse an application where:

  1. the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason
  2. if the licence were to be granted, renewed or transferred, the business to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant, renewal or transfer of such a licence if they made the application themselves
  3. the number of sexual entertainment venues, in the relevant locality at the time which the authority consider is appropriate for the locality
  4. the grant or renewal of the licence would be inappropriate, having regard:
    1. to the character of the relevant locality
    2. to the use to which any premises in the vicinity are put
    3. to the lay out, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made

Zero may be an appropriate number for the purposes of point c above.

By law, any decision the council makes on applications for an SEV licence, must relate to one or more of the above grounds for refusal.

Representations

There is a 28 day consultation period for SEV licence applications. To give people an opportunity to make representation, a blue public notice will be displayed outside the relevant premises for a minimum period of 21 consecutive days. In addition, a public notice will also be published in a local newspaper, normally Gloucestershire Live, within 7 days.

Objectors must give notice of their objection in writing, stating the general terms of the objections (see below).

Any person can object to or support an application for an SEV licence but the objection must be relevant to the grounds for refusal set out above.

The council does not take any moral stand in adopting this policy. We recognise that parliament has made it lawful to operate sexual entertainment venues, and that such businesses are a legitimate part of the retail and leisure industries. It is our role as the licensing authority to administer the licensing regime in line with the law.

For this reason, objections should not be made on moral grounds or values and we will not consider such objections as relevant.

Where we receive notices of any objections we will, before considering the application, give notice in writing of the general terms of the objection to the applicant. We will not, without the consent of the person making the objection, reveal their name or address to the applicant.

However, you must be aware that your objection will form part of a report submitted to the council's Licensing Committee and that report will be made available in the public domain which means your name may be listed as an objector.