Licensing of sex establishments

Definitions

The council 

Newcastle-under-Lyme Borough Council.

The Act

The Local Government (Miscellaneous Provisions) Act 1982 as amended.

Licensed premises

Any premises, vehicle or stall licensed under the Act.

Licence holder

A person who is the holder of a Sex Establishment Licence

Permitted hours

The hours during which the licensed premises are permitted to be open to the public.

Sex establishment licence

A licence granted pursuant to Schedule 3 of the Act (as amended)

Relevant locality

The borough of Newcastle-under-Lyme

Inappropriate proximity

A minimum distance of 100 metres in direct line of sight between the proposed establishment or more in the case of the proposed establishment being in proximity to a primary school.

Sex establishment

Sex cinema, sex shop or sexual entertainment venue.

Sex cinema

Any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced which:

  • are concerned primarily with the portrayal of or primarily deal with or relate to, or are intended to stimulate or encourage:
     
    • sexual activity
       
    • acts of force or restraint which are associated with sexual activity
  • are concerned primarily with the portrayal of, or primarily deal with or relate to, genital organs or urinary or excretory functions, but does not include a dwelling house to which the public is not admitted

Sex shop

Any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, 
exchanging, lending, displaying or demonstrating:

  • sex articles
  • other things intended for use in connection with, or for the purpose of stimulating or encouraging:
     
    • sexual activity
      ​​​​​​​ 
    • acts of force or restraint which are associated with sexual activity

Sex article

Anything made 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

and

  • anything containing or embodying matter to be read or looked at or anything intended to be used either alone or as one of a set, for the reproduction or manufacture or any such article, and
  • to any recording of vision or sound which:
     
    • is concerned primarily with the portrayal of, or primarily deals with or relates to, or is intended to stimulate or encourage, sexual activity or acts of force or restraint which are associated with sexual activity, or
      ​​​​​​​ 
    • is concerned primarily with the portrayal of, or primarily deals with or relates to genital organs or urinary or excretory functions

Sexual entertainment venue

Any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.

Relevant entertainment means:

  • any live performance, or
  • any 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)