APPENDIX  E

 

MAIDSTONE BOROUGH COUNCIL

 

STANDARD TERMS, CONDITIONS & RESTRICTIONS RELATING TO A SEX SHOP ESTABLISHMENT

 

 

These regulations apply to the licences for sex establishments granted, renewed or transferred by the Council under the provisions of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982.

 

Definitions

In these regulations, save where the context otherwise requires, the following expressions shall have the following meanings:-

 

i)             “Sex Establishments”, “Sex Cinema”, “Sex Shop” and “Sex Article” shall have the meanings ascribed to them in the Third Schedule of the Local Government (Miscellaneous Provisions) 1982.

 

ii)           “Premises” means a building or part of a building and any forecourt, yard or place of storage used in connection with a building or part of building, which is subject of a licence for a sex establishment granted under the Third Schedule.

 

iii)          “Approval of the Council” or “Consent of the Council” means the approval or consent of the Council in writing.

 

iv)          “Approved” means approved by the Council in writing.

 

v)           “The Council” means the Maidstone Borough Council.

 

vi)          “Film” shall have the meaning ascribed to it in the Films Acts 1960-1980.

 

General

 

The following terms, conditions and restrictions are applicable to licences to which these Regulations apply.

 

Condition 1

 

In the event of a conflict between these Regulations and any special conditions contained in a licence relating to a sex establishment the special condition shall apply.

 

The grant of a licence for a sex establishment shall not be deemed to convey any approval or consent which may be required under any other enactment by law or regulation other than the Third Schedule to the Local Government (Miscellaneous Provisions) Act 1982.

 

 

Times of Opening

 

Condition 2

 

Except with the previous consent of the Council the premises shall not open to the public before 9.00am and shall not be kept open after 6.00pm

 

Except with the previous consent of the Council, the sex establishment shall not open on Sundays or any other Bank Holidays or any Public Holidays.

 

A notice displaying the times when the premises are open or closed shall be displayed on the entrance to the premises in a form and manner approved by the Council.

 

Conduct and Management of Sex Establishments

 

Condition 3

 

Where the Licensee is a body corporate or an unincorporated 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.

 

Condition 4

 

The Licensee or some responsible person nominated by him in writing for the purpose of managing a sex establishment in his absence and 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.

 

Condition 5

 

The holder of the licence shall keep exhibited in a suitable place within the shop premises (approved by the Council) a copy of the licence and any conditions and regulations made and they shall be readily available for inspection by any of the following officers:-

 

a)           Duly Authorised officer of the Maidstone Borough Council

b)           Police Officer, and

c)           Officer of the Fire Authority

Condition 6

 

The name of the person responsible for the management of the sex establishment being either the Licensee or a manager approved by the Council, shall be prominently displayed within the sex establishment throughout the period during which he is responsible for its conduct.

 

Condition 7

 

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.

 

Condition 8

 

The Licensee shall maintain good order in the premises at all times and shall ensure that persons entering or leaving the licensed premises conduct them selves in an orderly manner and do not in any way cause annoyance to residents and persons passing by.

 

Condition 9

 

No person under the age of 18 shall be permitted to the premises or employed in the business of sex establishments.

 

Condition 10

 

The Licensee shall ensure that the public are not admitted to any part or parts of the premises other than those which have been approved by the Council.

 

Condition 11

 

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.

 

Condition 12

 

Neither the Licensee nor any employee or other person shall seek to obtain custom for the sex establishment by means of the personal solicitation outside or in the vicinity of the premises.

 

Condition 13

 

The Licensee shall ensure that during the hours the sex establishment is open for business, every employee wears an identifying badge, of a type approved by the Council, indicating his name and that he is an employee.

 

Condition 14

 

No refreshment of any kind shall be provided or any consumed on the licensed premises other than for any bona fide staff in a part of the premises not open to the public.

 

Condition 15

 

The Licensee shall comply with all statutory provisions and any regulations made.

 

Use of the Premises

 

Condition 16

 

The sex establishment shall be conducted primarily for the purpose of the sale of goods for retail and change of use of any portion of the premises from that approved by the Council, shall not be made until the consent of the Council has been obtained thereto.

 

Condition 17

 

No change from a sex cinema to a sex shop or from a sex shop to a cinema shall be affected without the consent of the Council and neither sex articles nor other things intended for use in connection with, or for the purpose of stimulating or encouraging sexual activity or acts of force or restraint which are associated with sexual activity shall be sold, hired, exchanged, loaned or demonstrated in a sex cinema.

 

Goods available in sex establishments

 

Condition 18

 

All sex articles and other things displayed for sale, hire, exchange or loan within the sex shop, shall be clearly marked to be shown to the persons who are inside the sex shop the respective charge being charged.

 

Condition 19

 

All printed matter for sale, hire, exchange or loan shall be available for inspection prior to purchase, and a notice to this effect is to be prominently displayed within the sex establishment.

 

Condition 20

 

a)                   No film or video shall be exhibited, sold or supplied unless it has been passed by the British Board of Film Classification or such other authority performing a similar scrutinising function as may be notified to the licensee by the Council and bears a certificate to that effect and is a reproduction authorised by the owner of the copyright of the film or video so certified.

 

b)                   The screen of the television should be no more than 12 inches and placed in such a position so as not to be visible to the public outside the premises.

 

c)                   The screen shall be placed in such a position to the satisfaction of the Environmental Health and Building Surveying Manager.

 

d)                   Only videos of clips of other videos for advertising purposes shall be shown and no individual clip shall be shown for longer than three minutes.

e)                   No film or video will be shown in its entirety.

 

f)                    Films will not be shown at the customer’s request.

 

g)                   All trailers shown are to be approved by the British Board of Film Classification

 

h)                   A warning notice will be placed on the screen stating “For staff use only” or “No customers allowed to operate”.

 

External Appearances

 

Condition 21

 

No advertisement, words, letter, model, sign, placard, board, notice, device, representation, drawing, writing or any other matter or thing (whether illuminated or not) shall be exhibited so as to be visible from the outside of the premises except: - (i) Any notice of a size and in the form approved by the Council which is required to be displayed so as to be visible from outside the premises by law, or by any condition of a licence by a Council.

 

Such display, advertisement, word, letter, model, sign, placard, notice, device, representation, drawing, writing or any matter or thing as shall have been approved by the Council.

 

Condition 22

 

A notice showing that persons under 18 years of age shall be excluded from the premises, and that the premises are a licensed sex shop shall be exhibited on the door of the premises in a form and manner to be approved by the Council.

 

 

Condition 23

 

The entrance doors to the premises shall be obscured, screened or arranged so as to effectively prevent the interior of the premises being seen by passers by.

 

The obscuration, screening or other arrangements shall be to the satisfaction of and approved by the Council.

 

Condition 24

 

(a)         The windows of the licensed premises fronting the pavement shall not be as obscured other than with the consent of the Council, but shall have suspended behind them, in a position and attitude approved by the Council, such opaque blinds or screen or such other arrangements as approved by the Council.

 

(b)         This condition shall not be construed as lessening any obligation of the Licensee under Licence Condition 21.

 

(c)         Any such special precautions as may be necessary shall be taken to maintain the screening of the shop window during any cleaning process.

 

State, Condition and Layout of the Premises

 

Condition 25

 

The premises shall be maintained in good repair and condition throughout, including the front fascia of the shop and entrance to the satisfaction of the Council.

 

Condition 26

 

Lighting in all parts of the premises shall be to a level approved by the Council and shall be in operation continuously during the hours when the sex establishment is open to the public.

 

Condition 27

 

The number, size and position of all doors or openings provided for the purpose of the ingress and egress of the public shall be approved by the Council and shall comply with the following requirements:-

 

(i)          All such doors or openings approved by the Council shall be clearly indicated on the inside by the word “Exit” or “Fire Exit”.

 

(ii)         Doors and openings that lead to parts of the premises to which the public are not permitted to have access, shall have notices placed over them marked “Private – no access to the public”.

 

(iii)        Save in the case of emergency no access shall be permitted through the premises adjoining or adjacent.

 

Condition 28

 

The external door/doors to the sex establishment shall be fitted with a device to provide for their automatic closure and such device shall be maintained in good working order.

 

Condition 29

 

Alterations or additions either internal or external, whether permanent or temporary to the structure, lighting or layout of the premises, shall be made except with the prior approval of the Council.

 

Condition 30

 

All parts of the premises shall be kept in a clean and wholesome condition to the complete satisfaction of the Council.

 

Safety

 

Condition 31

 

The Licensee shall take all reasonable precautions for the safety of the public and employees.

 

Condition 32

 

The Licensee shall comply with any fire prevention and safety measures that may be required of him by the Council.

 

Condition 33

 

The premises shall be provided with fire fighting equipment suitable to the fire risks of the premises and such fire fighting equipment shall be maintained in proper working order in accordance with the Fire Officer’s report and shall be available for instant use.

 

 

 

 

 

Condition 34

 

A certificate from the manufacturers of any fire fighting equipment, fire alarm system, sprinkler system ot other equipment which may be installed, stating that the equipment has been inspected and is in working order shall be provided annually.

 

Condition 35

 

None of the terms, conditions or restrictions set out above shall be varied except by the Maidstone Borough Council after written notice has been given to them and to the Police and Fire Authority.

 

Condition 36

 

The Maidstone Borough Council reserves the right after grant, renewal or transfer of this licence at any time to dispense with or modify or relax any of these terms, conditions and restrictions and to make such additional terms, conditions and restrictions as they may deem requisite to meet the circumstances of any particular case.

 

Condition 37

 

The licence may be revoked by the Maidstone Borough Council if at any time the holder is convicted of any offence of using the licensed premises, or other premises for which a similar licence has been granted other than in accordance with the terms, conditions or restrictions of the licence or is convicted of any offence under any enactment defined in Paragraph 1 of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982.

 

The additional conditions imposed are as follows:-