Appendix G
MAIDSTONE
BOROUGH COUNCIL
|
Appendix G |
STANDARD TERMS, CONDITIONS & RESTRICTIONS RELATING TO SEX ESTABLISHMENTS
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”, “Sex Article”, “Sexual Entertainment Venues” and “relevant entertainment and nudity” shall have the meanings ascribed to them in the Third Schedule of the Local Government (Miscellaneous Provisions) 1982 as amended.
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 Act 1985
General
The following terms, conditions and restrictions are applicable to sex establishment licences. In the event of a conflict between these 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 as amended.
Sex Shops
Times of Opening
Condition 1
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 Premises
Condition 2
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 3
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 4
The holder of the licence shall keep exhibited in a suitable place within the shop premises, so that it can be easily seen by premises users, 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 5
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 6
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 7
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 8
No person under the age of 18 shall be permitted entry to the premises or be employed in the business of sex establishments.
Condition 9
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 10
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 11
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 12
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 13
No refreshment of any kind shall be provided nor any consumed on the licensed premises other than for any bona fide staff in a part of the premises not open to the public.
Use of the Premises
Condition 14
The sex shop 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 licensed by the Council, shall not be made until the consent of the Council has been obtained thereto.
Condition 15
No change from a sex cinema or sexual entertainment venue to a sex shop or from a sex shop to a sex cinema or sexual entertainment venue shall be effected 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 or sexual entertainment venue.
Goods available in sex establishments
Condition 16
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 17
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 18
No film 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 so certified.
a) The screen of any equipment used 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.
b) The screen shall be placed in such a position approved by the Council.
c) Only clips for advertising purposes shall be shown and no individual clip shall be shown for longer than three minutes.
d) No film will be shown in its entirety.
e) Films will not be shown at the customer’s request.
f) All trailers shown are to be approved by the British Board of Film Classification
g) A warning notice will be placed on the screen stating “For staff use only” or “No customers allowed to operate”.
External Appearances
Condition 19
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 20
A prominent clear notice shall be displayed at each entrance to the premises advising customers that no person under 18 will be admitted and they may be asked to produce evidence of their age.
Suggested notice ‘PERSONS UNDER 18 CANNOT BE ADMITTED TO THESE PREMISES’
Condition 21
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 22
(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 23
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 24
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 25
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 26
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 27
No 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 28
All parts of the premises shall be kept in a clean and wholesome condition to the complete satisfaction of the Council.
Safety
Condition 29
The Licensee shall take all reasonable precautions for the safety of the public and employees.
Condition 31
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 32
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.
Sex Cinemas
Film Categories
Condition
1
The categories U, PG, 12, 15, 18 and restricted 18 have the following effect:
• U—Universal - suitable for all
• PG — Parental Guidance — some scenes may be unsuitable for young children
• 12 — Passed only for persons of 12 years and over
• 15 — Passed only for persons of 15 years and over
• 18 — Passed only for persons of 18 years and over
• Restricted 18 - Passed only for persons of 18 or over who are members (or their guests) of a properly constituted club.
Unclassified Films
Condition 2
The
licences must notify the Council in writing no later than twenty-eight days
prior to exhibiting any other film that has not been classified as specified in
the film categories. Such a film may only be exhibited if the Council’s gives
written consent prior to the event and must comply in accordance with the terms
of any such consent given.
Restricted Films
Condition 3
Films
restricted 18 (R18) may be shown at the premises only with the Council’s prior
written consent and in accordance with the terms of any such consent.
Persons Under 18
Condition 4
No person
appearing to be under the age of 18 shall be admitted to any part of the
programme and the licensee shall display in a conspicuous position at each
entrance to the premises a notice in clear letters in the following terms:
PERSONS UNDER 18 CANNOT BE ADMITTED TO THIS CINEMA FOR ANY PART OF THE
PROGRAMME
Condition 5
No persons under 18 years of age shall be employed in any capacity at the premises in an area operating as sex cinema club.
Advertising
Condition 6
No
advertisement displayed at the premises where a film is to be exhibited shall
depict any scene or incident from a film that has been classified by the
British Board of Film Classification, Board of Film Censors or approved for
exhibition by the Licensing Authority.
Condition 7
The licensee shall display in a conspicuous position, to the satisfaction of
the Council at each entrance to the premises, during the whole time the public
are admitted to the premises and so as to be easily seen and read by the
public, a timetable of the films on exhibition.
Condition 8
When the programme includes a film restricted 18, the licensee shall display in a conspicuous position at each entrance to the premises a notice in clear letters in the following terms:
CINEMA CLUB — MEMBERS AND GUESTS ONLY. PERSONS UNDER 18
CANNOT BE ADMITTED TO THIS CINEMA FOR ANY PART OF THE
PROGRAMME.
Condition 9
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.
Restricted 18
Condition 10
A register of all members and all visitors books of their guests shall be available for immediate inspection by authorised officer of the Council during any performance or at any other reasonable time.
Condition 11
Tickets shall in no circumstances be sold to persons other than to members.
Membership
Condition
12
The club rules must be submitted to the Council 14 days before the club commences operation and notice of all rule changes shall be given to the Council within 14 days of the change.
Condition 13
Membership shall be open to persons of both sexes of not less than 18 years of age
Condition 14
Applications for membership, including both name and address, shall be in writing, signed by the applicant and if deemed necessary such applicant shall provide satisfactory references and proof of age.
Condition 15
No persons shall be admitted to membership until the expiration of at least 24 hours after such written application has been approved by the management of the club.
Condition 16
New members shall be supplied with a personal copy of the club rules before being admitted to membership and be given a copy of any rule changes within 14 days of the change.
Condition 17
An annual subscription shall be fixed for the club and shall run for 12 months from the date of registration. Membership may be renewed annually at the subscription for the time being in force, but the management may refuse to renew any membership without assigning reason for such refusal.
Condition 18
Members shall be entitled on any day to bring no more than one guest to accompany the member, and the name of the guest shall be entered in the visitors book and counter signed by the member.
Condition 19
Tickets shall be sold only to members on the production of a membership card, and members shall if required sign and acknowledgement for the ticket or tickets issued.
Condition 20
Membership cards shall be personal to the member and carry a photograph of the holder.
Condition 21
Neither membership tickets nor guest tickets shall be transferable.
Condition 22
Guest may be asked for proof of identity, or of age, or of any particulars of any guest shall be produced by any member of guest if demanded by the management.
Condition 23
Members shall undertake to behave in a proper and orderly manner. Any member or guest acting in a manner which is offensive, or a nuisance or annoyance to others may be refused admission or expelled from the premises. A member may also be deprived of membership.
Sale of Sex Articles
Condition
24
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 displayed, sold, hired, exchanged, loaned or demonstrated in a sex cinema.
Display of Tariff and Charges
Condition 25
There shall be prominently and legibly displayed a comprehensive tariff of all charges and prices which shall be illuminated and placed in such a position that it can easily and conveniently be read by persons before entering the premises. No employee shall stand in such a position as to obscure the notice.
Conduct and Management of Premises
Condition 26
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 27
A notice
showing the name of the person responsible for the management of the sex cinema
on that day to be prominently displayed within the sex cinema throughout the
period during which he is responsible for its conduct.
Condition 28
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 29
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 30
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 31
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 32
All parts of the premises shall be kept in a clean and wholesome condition to the complete satisfaction of the Council.
Internal access to cinema
Condition 33
Windows and openings within the premises where films are shown should have blinds of a type and size that covers windows and openings which render the interior of the cinema where films are being shown invisible to passers by and/or other areas within the building that are open to the public for other activities.
Condition 34
The licensee shall ensure that no noise shall emanate from the cinema that can be heard from within another area of the building or from outside.
Security
Condition 35
A member of staff to remain in the vicinity of the entrance to the cinema to prevent under 18’s or non-members from illegal entry.
Use of Premises
Condition 36
No change from a sex shop or sexual entertainment venue to a sex cinema or from a sex cinema to a sex shop or sexual entertainment venue shall be effected without the consent of the Council.
Safety
Condition 37
The Licensee shall take all reasonable precautions for the safety of the public and employees.
Sexual Entertainment Venue
Times of Opening
Condition
1
The premises shall not open unless otherwise permitted:
[TIMES WILL BE SPECIFIED FOR EACH LICENCE]
Conduct and Management of Premises
Condition 2
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 3
The
licensee or the responsible person shall maintain a daily register to be kept
on the premises and produced to an authorised officer on request. The register
to be completed each day within 30 minutes of the Sex Entertainment Venue
opening for business and will record the name and contact details of any person
who is to be responsible for managing the Sex Entertainment Venue in the
absence of the licensee and details of all staff employed at the premises
including performers.
Condition 4
A notice showing the name of the person responsible for the management of the sex entertainment venue on that day to be prominently displayed within the sex establishment throughout the period during which he is responsible for its conduct.
Condition 5
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.
Condition 6
The licensee shall ensure that no part of the building or its boundary is used by prostitutes (male or female) for the purposes of soliciting or any other immoral purposes. Neither the licensee nor any employee or other person shall seek to obtain custom by means of personal solicitation outside or in the vicinity of the premises.
Condition 7
The licensee shall ensure that the public are not admitted to any part or parts of the premises other than those that have been approved by the Council.
Condition 8
Licensee shall maintain good order on the premises and in particular shall ensure that no
· lewd conduct
· indecent behaviour
· unlawful possession and/or supply of controlled drugs
· conduct likely to cause a breach of the peace on the premises
· offers of any sexual or indecent service for reward
· any acts of violence against person or property and/or the attempt or threat of such acts
takes place on the premises or in its immediate vicinity
Condition 9
A management operation manual detailing all aspects of
procedure when the
premises is operating relevant entertainment shall be produced and approved by
the Licensing Authority. This document shall be on going and under constant
review.
Condition
10
All members of staff (except performers) shall be easily identifiable. If required by the Council or Kent Police in writing the licensee shall ensure that during the hours the premises are open for relevant entertainment staff will wear a badge of a type/format approved by the Council indicating their name and that they are an employee or person working in the premises.
Age Restriction
Condition 11
No person
under the age of 18 shall be admitted to the premises or employed in the
business of the sex establishment.
Condition 12
A prominent clear notice shall be displayed at each entrance to the premises advising customers that no person under 18 will be admitted and they may be asked to produce evidence of their age.
PERSONS UNDER 18 CANNOT BE ADMITTED TO THESE PREMISES
Advertising
Condition 13
No display, advertisement, word, letter, model, sign, light, placard, board, notice, device, representation, drawing, writing or any matter or thing (where illuminated or not) shall be exhibited so as to be visible from outside the premises without approval by the Council.
Condition 14
The licence holder shall not display outside the premises, or on any advertising material, photographs or other images that indicate and suggest striptease or similar dancing takes place on the premises and which may be offensive.
Condition 15
The premises should not advertise by means of cruising vehicles or use of any other form of solicitation to invite people into the premises.
External and Internal access to an
area holding relevant entertainment
Condition 16
The entrances to the premises shall be of a material or covered with a material that will render the interior of the premises invisible to passers by.
Condition 17
Windows and openings within the premises other than entrances will have curtains / blinds of a type and size that covers windows and openings which render the interior of the premises where relevant entertainment is taking place invisible to passers by and/or other areas within the building that are open to the public for other activities.
Condition 18
Windows will remain closed whilst the premises or part of that premises is being used for relevant entertainment.
Layout of the premises
Condition
19
No fastening of any description shall be fitted upon any booth or cubicle within the premises.
Condition 20
All dance booths or cubicles are to be equipped with a panic alarm for safety.
Condition 21
Any changes to layout of the premises must be informed to the licensing authority in writing submitting plans. Alteration must not take place without prior written consent by the Licensing Authority
Condition 22
The licensee shall ensure that noise from the premises or vibration be transmitted through the structure of the premises does not give rise to a nuisance to the occupiers of premises in the vicinity of the venue.
Condition 23
The external doors to the premises shall be fitted with a device to provide for their automatic closure and such devices shall be maintained in good working order.
Condition 24
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’ and remain closed other than for the purposes of the ingress and egress of management, staff and performers.
Entertainers/Performers
Condition 25
An appropriate room shall be set aside to provide a changing and rest area for entertainers. Arrangements shall be made to ensure that there is restricted public access to this room which shall be maintained at all times whilst the licensable activities are taking place and until such time as all performers using the dressing room have finished.
Condition 26
At all times during the performance, performers shall have direct access to a dressing room without passing through or in close proximity to the audience.
Condition 27
On leaving the premises performers, who wish to be, shall be escorted by a staff member to their vehicle or other safe location
Condition 28
Performers shall be aged not less than 18 years old.
Condition 29
Only the performers shall provide the entertainment, no audience participation shall be permitted.
Condition 30
No performance shall include a sex act with any other performer, persons in the audience or with the use of any object or animal.
Condition 31
In the event of the relevant entertainment being performed for private viewing, the patron 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.
Condition 32
Any person who can be observed from the outside of the premises must be properly and decently dressed. Scantily clad individuals shall not exhibit in the entranceway or in an area of the premises open to the public that is not designated area for relevant entertainment.
Condition 33
All performers shall be aware of the management operation that will include a written policy on the conduct of performers.
Condition 34
Photography or videoing of performances should not be allowed.
Condition 35
There shall be routine checking of employment records and evidence that all prospective staff and performers have the right to work in the UK.
Condition 36
Performers should not be permitted to arrange contacts or liaisons, exchange
telephone numbers or other means of making contact while on the premises
Staffing
Condition 37
During any lap dancing performance, or private dance, performers may not:
· Touch customers in any way
· Performer must not be within 30cms (12”) from any part of a patron
· Climb onto furniture provided for patrons
· Simulate sex acts
· Use sex articles
Sale of Goods
Condition 38
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 displayed, sold,
hired, exchanged, loaned or demonstrated in a Sex Entertainment Venue.
Display of Tariff and Charges
Condition
39
There shall be prominently and legibly displayed a comprehensive tariff of all charges and prices which shall be illuminated and placed in such a position that it can easily and conveniently be read by persons before entering the premises. No employee shall stand in such a position as to obscure the notice.
Condition 40
Where a charge is to be made for the company of a hostess or other companion this shall be identified on the tariff of charges to the satisfaction of the Council.
Condition 41
No order shall be accepted unless the customer has been provided with a copy of the said tariff and has been given sufficient time and opportunity to read it.
Condition 42
No charge shall be made to the customer for any drink provided for the hostess or companion unless that customer has specifically ordered it having first been made aware of the cost.
Use of Premises
Condition 43
No change from a sex shop or sex cinema to a sexual entertainment venue cinema or from a sex entertainment venue to a sex shop or sex cinema shall be effected without the consent of the Council.
Pool of Possible Additional Conditions
Age Restriction
Condition a
All members of staff at the premises shall seek credible photographic proof of age evidence from any person who appears to be under the age of 25 years and who is seeking access to the premises. Such credible evidence, which shall include a photograph of the customer, will either be a passport, photographic driving licence, or proof of age card carrying a ‘PASS’ logo.
Security
Condition b
Door
supervisors, registered in accordance with the Security Industry Authority
(SIA) shall be on duty at all times when relevant entertainment is taking
place.
Condition c
An adequate number of 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, in each separate part of the premises and on the door to the dressing room.
Condition d
CCTV to be installed to a standard agreed by police to cover all public areas, including all access and egress points in accordance with CCTV Code of Practice. Maintained and serviced on a regular basis and records to be kept. The system to have an incorporated recording facility and recordings to be stored for one calendar month. The CCTV system to be fully operational throughout the hours that the premises are open for licensable activity. Access of the recordings to be made available at any reasonable time to Police and Local Authority officers upon request. Staff will be fully trained in the CCTV system and there will be at least one member of staff on duty during trading hours who is able to provide a recording of any incident in a format that can be taken away to be viewed.
Entertainers/Performers
Condition e
Whilst dancers are performing there shall be a minimum distance of one metre between the dancer and the seated customers and prominent, clear notices shall be displayed at each table stating this requirement
Condition f
There shall be no physical contact between customers and the dancers at any time except for the placing of money or tokens in a garter or into the hands of the dancer at the beginning or conclusion of a performance.
Staffing
Condition g
All staff employed to work at any premises licensed as a sex establishment shall be required to provide an enhanced criminal records bureau disclosure to the Licensing Authority in which the premises is located.