Licensing of sex establishments

Discretionary grounds for refusal

The Act allows us to refuse to grant or renew a licence on the grounds that:

  • the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason
  • if the licence were to granted, renewed or transferred, the business to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant, renewal, or transfer of such a licence if he made the application himself
  • the number of sex establishments in the relevant locality at the time the application is made or determined is equal to or exceeds the number which the Authority consider is appropriate for that locality
  • the grant or renewal of the licence would be inappropriate, having regard:
    • to the character of the relevant locality
    • to the use to which any sex establishment in the vicinity are put
    • to the layout, character or condition of the sex establishment, vehicle, vessel or stall in respect of which the application is made
  • the Act provides that the appropriate number may be nil. This policy sets the appropriate number of premises at 1 (one)
  • we cannot have regard to the morality of sex establishments. Our approval or disapproval of sex establishments is not a matter which can be considered