Watford Borough Council

Sex establishments are required to be licensed under the Local Government (Miscellaneous Provisions) Act 1982.

The law was changed in 2010 by the Policing and Crime Act 2009 for sexual entertainment venues such as lap-dancing clubs to be licensed seperately. 

A sex establishment can either be a sex shop or a sex cinema.  A sex shop is a premises used for business which consists to a "significant degree" of selling sex articles.  A sex cinema is any premises used to a significant degree for showing of films which are concerned primarily with, or relate to, or are intended to stimulate sexual activity.

The law defines the way in which an application is made, which include advertising notice of the application in the local press and displaying a notice outside the premises for a specific time period to give passers by the opportunity to comment by a statutory closing date.

When considering an application for a sex establishment licence the Council may only use the following criteria:

• the suitability of the applicant
• whether the person applying is a "front" person for someone else
• the location and situation of the premises in relation to other premises in the area
• whether the number of sex establisments in that locality is equal to, or exceeds the number which the Council considers appropriate for the area.

We are currently consullting on a policy for deciding whether a "significant degree" of sex articles are being sold, and how many licences may be granted in any particular locality.  Please contact the licensing team for more details. 

Apply for a licence

You can do the following online:

• apply for a licence
• notify us of a change in circumstances

You can download the necessary public notices from this page.

Applications may be made at time to vary the terms of a licence.

It is in the public interest for us to process your application before granting it.  We would expect that to take a maximum of 60 days.  If you have not heard from us by that time, please contact us - you can do so online if you have applied using the UK Welcomes service.

Your right of appeal

• Any person aggrieved by a refusal to be granted a licence or by any condition to which a licence is subject may appeal to the Magistrates' Court within 21 days
• An appeal against a decision made at the Magistrates Court may be appealed at the Crown Court but the decision of the Crown Court is final.
• 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 the authority 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

Objections to licences

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.   Names and addresses are removed from objection letters before given to applicants to respond.   Objections are considered at a sub-committee of three Councillors. 

Offences and penalties

• Anybody who operates a sex establishment without a licence or fails to comply with licence condition or admits persons under the age of 18 is committing an offence
• Penalties upon conviction can range from £1,000 to £20,000.

Further information

Contact the licensing team on tel: 01923 278503 or email licensing@watford.gov.uk.