Sexual Entertainment Venue Licensing

This page can be referred to as
http://www.birmingham.gov.uk/sexualentertainmentvenues

On 12 October 2010 Birmingham City Council resolved to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009 so that the provisions for the control of sexual entertainment venues would apply to the whole of Birmingham. The amended Schedule 3 gives the Local Authority more powers to control the number and location of lap dancing clubs and similar venues in the area.

The new powers took effect in Birmingham from 3^rd January 2011 (‘1^st appointed day’).

The category “Sexual Entertainment Venue” includes the following forms of entertainment as they are commonly understood:

• Lap dancing;
• Pole dancing;
• Table dancing;
• Strip shows;
• Peep shows;
• Live sex shows.

There is an exemption for premises which provide such entertainment less frequently than once a month.

Birmingham City Council - Sexual Entertainment Licence Policy can be found at the bottom of this page.

Further guidance for applicants and interested parties can be found in the Home Office Guidance.

Transitional Arrangements

Transitional Period
The ‘transitional period’ will last for 12 months starting from 3^rd January 2011. Six months following the 1st appointed day will be known as the ‘2nd appointed day’ (3^rd July 2011) and the day on which the transitional period ends will be known as the ‘3rd appointed day’ (3^rd January 2012).

Existing Operators
To allow time to comply with the new regime, existing operators, who, immediately before the 1st appointed day, have a Licensing Act 2003 Premises Licence and lawfully use premises as a sexual entertainment venue under that licence or are undertaking preparatory work to use the venue in that way will be allowed to continue to provide relevant entertainment until the 3rd appointed day or the determination of any application they have submitted before that time (including any appeal against the refusal to grant a licence), whichever is later.

New Applicants
New applicants are people who wish to use premises as a sexual entertainment venue after the 1st appointed day but do not already have a premises licence or club premises certificate to operate as such under the 2003 Act or do have such a licence but have not taken any steps towards operating as such. After the 1st appointed day new applicants will not be able to operate as a sexual entertainment venue until they have been granted a sexual entertainment venue licence.

Determining Applications Received on or before the 2nd Appointed Day
Applicants will be able to submit their application for a sexual entertainment venue from the 1st appointed day onwards. As the Licensing Authority is able to refuse applications having regard to the number of sex establishment they consider appropriate for a particular locality, all applications made on or after the 1st appointed day but on or before the 2nd appointed day shall be considered together.

This will ensure that applicants are given sufficient time to submit their application and all applications received on or before the 2nd appointed day are considered on their individual merit and not on a ‘first come first served’ basis.

No applications shall be determined before the 2nd appointed day. After the 2nd appointed day the Licensing Authority shall decide what if any licences should be granted. If a new applicant is granted a licence it will take effect immediately. If an existing operator is granted a licence, it will not take effect until the 3rd appointed day, up to which point they will be allowed to continue to operate under their existing premises licence or club premises certificate.

Determining Applications Received After the 2nd Appointed Day
Applications made after the 2nd appointed day shall be considered when they are made but only once all applications made on or before that date have been determined. However, reference to determination here does not include references to the determination of any appeal against the refusal of a licence.

As with applications received on or before the 2nd appointed day, licences granted to new applicants shall take effect immediately and licences granted to existing operators shall take effect from the 3rd appointed day or, if later, the date the application is determined.

Duration of Sexual Entertainment Venue Licences
Licences for sex establishments can be granted for up to one year.

How to Apply for a Sexual Entertainment Venue Licence
The Birmingham City Council Sexual Entertainment Venue Form is attached at the bottom of this page.

Once you have completed the application form it can be submitted to the Licensing Section by a variety of means:

By Post - send completed applications to the address as indicated in the contact details below.
Postal applications must be accompanied by a cheque or postal order for the appropriate fee (see below) and made payable to 'Birmingham City Council'.

In Person - applications can be submitted in person at the address and during the times shown below under contact details.

By Email - completed applications can be submitted electronically by attaching the completed form and any associated supporting documents to the Licensing Section email address as indicated in the contact details below.
Please note that electronic applications submitted by email can only be accepted if there is a scanned signature on the application form. On receipt of your application by email a Licensing Officer will contact the applicant to acquire payment of the appropriate fee via a debit or credit card.

Please note: You must submit a copy of your application to the Chief Constable of West Midlands Police within 7 days of submitting the application to the Licensing Service:

Chief Constable
West Midlands Police HQ
Lloyd House
Colmore Circus, Queensway
Birmingham B4 6NQ

Fee
The fee payable on application for a new Sexual Entertainment Venue is £9,935.

Notices and Certifications
Applicants for a sex establishment licence must give public notice of the application by publishing an advertisement in a local newspaper that is circulated in the local authority area no later than 7 days after the date the application is made.

Where the application relates to premises, a notice should also be displayed on or near the premises in a place where it can be conveniently read by members of the public. The notice should be displayed for a period of 21 days beginning with the date the application was made.

A proforma for the notice/advertisement is included within the application pack.

Most sexual entertainment venues will also require a Premises Licence or Club Premises Certificate granted under the Licensing Act 2003 in order to sell / supply alcohol, provide regulated entertainment, and provide late night refreshment.

Contact
Licensing Section,
Crystal Court,
Aston Cross Business Park,
50 Rocky Lane,
Aston,
Birmingham
B6 5RQ
(Monday, Tuesday, Thursday: 9am - 4pm
Wednesday: 10am - 4pm, Friday: 9am - 3.30pm)

Telephone: 0121 303 9896
Fax: 0121 303 9982
e-mail: licensing@birmingham.gov.uk