Sex establishment licence conditions

Notes

Except where the context demands otherwise the singular includes the plural and masculine includes the feminine.

Nothing in these rules shall be construed as interfering with:

the discretion of the licensee or his representative regarding the admission of any person or
the need to strictly comply with all relevant statutory requirements.

Disabled people

It is the policy of the Council that there should be access and facilities for disabled people at sex shops. Licensees are therefore encouraged in the strongest possible terms to provide such facilities so as to enable the admission of disabled people and are reminded of the duties imposed by the Disability Discrimination Act 1995.

Part I - General

Definitions

In these rules, unless the context otherwise requires:

'Approval of the Council' or 'consent of the Council' means the approval or consent of the Council in writing.
'Approved', 'accepted', or 'permitted' means approved, accepted or permitted by the Council in writing.
'Approved arrangements' means the arrangement of the premises, fittings, installations, etc. as approved by the Council.
'Council' means Woking Borough Council.
'Emergency lighting' means lighting, obtained from a source independent of the general supply for the building, provided to assist the public and staff to leave the premises without the aid of normal lighting.
'Licensee' means the holder of a sex shop licence.
'Non-combustible' material means material which is deemed to be non-combustible in accordance with BS 476: Part 4, or material accepted by the Council as being non-combustible.
'Officer' means any person authorised in writing by the Council. (This may include Police and Fire Officers.)
'Premises' means any premises within Woking licensed as a sex shop and includes all installations, fittings, etc.
'Sex Shop' and 'Sex Article' have the meaning given in Schedule Three to the Local Government (Miscellaneous Provisions) Act 1982.

Dispensation of modification of rules

The Council may dispense with or modify any Condition in any particular case. The Council may also impose any additional Special Condition in any particular case.
Where in these rules there is any reference to the consent of the Council being required, such consent may be given on such terms and conditions and subject to such restrictions as may be so specified.
If the licensee wishes any of the terms of the licence to be varied an application must be made to the Council.

Part II - General rules relating to management, conduct, etc.

Exhibition of licence

The licence or a clear copy shall be prominently displayed at all times so as to be readily and easily seen by persons using the premises.

Hours of opening and closing

The premises shall not, for any purpose of the licence, be opened before 9am and shall not be kept open beyond 11pm.

Responsibility of licensee

The licensee shall take all reasonable precautions for the safety of public and employees and, except with the consent of the Council, shall retain control over all portions of the premises.
No poster, advertisement, photograph, sketch, synopsis or programme shall be displayed by or on behalf of the licensee at the licensed premises or at any other public place except in accordance with relevant legislation.
The premises may not be used under the terms of the licence unless and until any necessary permission and/or consents have been obtained in accordance with the relevant legislation.

Persons in charge of licensed premises

The licensee or some responsible person over 18 years of age nominated by him in writing for the purpose shall be in charge of, and upon, the licensed premises during the whole time that they are open to the public. Such written nomination shall be continuously available for inspection by a police officer or an officer authorised in writing by the Council.
The person in charge shall not be engaged on any duties which will prevent him from exercising general supervision and he shall be assisted as necessary by suitable adult persons to ensure adequate supervision. The person in charge should be conversant with these conditions, a copy of which should be held on the premises.
A notice showing the name of the person in charge of the premises at the time they are open under the licence shall be conspicuously exhibited in a position where it can be easily seen by customers.

Conduct of premises

The licensee shall maintain good order in the premises.
The licensee shall ensure that the public are not admitted to any parts of the premises other than those which have been approved by the Council.
The licensee or any other person concerned in the conduct or management of the premises shall not seek to obtain custom by means of personal solicitation or touting from the premises, immediately outside the premises or in the vicinity of the premises, nor allow the premises to be used by prostitutes.
Note: Soliciting includes the distribution of leaflets.
No person under the age of 18 shall be admitted to any part of the premises which is used as a sex shop or be employed in the business of the sex shop.
No poster, photograph, sketch, painting or any form of advertisement or display shall be displayed by or on behalf of the licensee on, outside or within the premises in a positions where it is visible to the public if the Council regards it as unsuitable for exhibition to the public. If the licensee is notified in writing that the Council objects under this rule to a poster, photograph, sketch, painting, advertisement or display, it shall be removed or completely obscured from sight.

Doorway opening, windows, etc.

The entrances to the premises shall be of a material or covered with a material which will render the interior of the premises invisible to passers-by.
Windows and openings to the premises other than entrances shall either be obscured or, with the consent of the Council, shall have suspended behind them, in a position and at an attitude approved by the Council, opaque screens or blinds of a type and size approved by the Council.

Change of use

No change of use of any portion of the premises from that approved by the Council shall be made until all necessary consents have been obtained from the Council.

Alterations

No alterations (including temporary alterations) shall be made to the premises, without the prior written consent of the Council. This condition shall not require notice to be given in respect of routine maintenance works.
Where works necessitate the premises being closed for a period of time, the premises shall not re-open for the purpose of the licence until the licensee has been notified in writing by the Council of the satisfactory completion of the work.

Part III - Rules in respect of fire and safety conditions

Maintenance

The approved arrangements shall be maintained at all times in good order, repair and condition.

Overcrowding

Overcrowding shall not be permitted in any part of the premises.
The licensee shall ensure that any accommodation limit specified on the licence is not exceeded.

Maintenance of means of escape

All exit routes shall be maintained with non-slip and even floor/step surfaces and be free of trip hazards at all times. Such exit routes shall be unobstructed and available for immediate use at all times.
All exit doors shall be available for immediate use, without use of a key or similar fastening, the whole time the public are in the premises. Only fastenings that have been approved by the Council in writing may be provided on such doors.
All fire doors shall be maintained effectively self-closing and not wedged open.
Any removable security fastenings approved by the Council shall be removed from the doors prior to opening to the public.

Curtains, decorations, etc.

Where approval is given for curtains to be used, the curtains shall, where necessary, be periodically re-sprayed to maintain their fire resistance. Curtains shall be arranged so as not to obstruct EXIT notices and/or fire extinguishers or other fire fighting equipment.
Curtains where permitted across doors shall be in two halves on a free running rail to enable them to be parted easily. Such curtains shall have a clearance of at least 75mm between the bottom of the curtain and the floor.

Fire alarms

Any fire alarm system shall be checked monthly to ensure it is fully operational. In addition, any system shall be serviced yearly by a qualified engineer and all results recorded in a log book to be retained on the premises.

Fire fighting equipment

All fire extinguishers and fire fighting equipment shall be checked yearly by a competent person and the inspection date recorded on the equipment, or in the case of hose reels and sprinkler systems, the test results shall be recorded in a log book retailed on the premises.
Any extinguisher discharged shall be replaced or recharged immediately.

Outbreaks of fire

The Fire Brigade shall be called to any outbreak of fire, however slight. Suitable notices shall be displayed indicating how the Brigade can be summoned.

Part IV - Other safety rules and rules relating to sanitation and noise

Sanitation

The licensee shall ensure that adequate sanitary accommodation is available in the premises for the use of staff and in particular shall:

maintain each sanitary convenience in clean and efficient order
ensure that any room which contains a sanitary convenience is suitable and sufficiently lighted and ventilated and is kept clean
ensure that in the sanitary accommodation provided, there are installed and maintained suitable and sufficient wash-hand basins and that each basin is provided with an adequate supply of hot and cold water or of hot water at a suitably controlled temperature, together with an adequate supply of soap and suitable hand drying facilities
the premises are so constructed with the adequate provision of efficient drains, suitable wall, floor and ceiling finishes, etc., that satisfactory sanitation can be maintained.

Lighting

All lighting (including emergency lighting) shall be maintained in full working order.

Electrical installation

The electrical installation for the premises and any equipment used therein shall be maintained in a safe working condition as prescribed by the Electricity at Work Regulations 1989, and the current edition of the Regulations for electrical installation issued by the Institute of Electrical Engineers.

Emergency lighting

Any emergency lighting installation shall be maintained and tested in accordance with the relevant health and safety standards.

Heating

The heating system and/or appliances used within the premises shall be fully maintained in good working order for use when required. Any guards required by the Council shall be securely held in position.

Gas and electricity meters

Gas and electricity/mains intake enclosures shall not be used for any other purpose (e.g. storage) and, where meters are not in an enclosure, the meters shall not be obstructed and shall be available for immediate access.

Paraffin and mineral oil

Paraffin or other mineral oil shall not be used in any lamp, stove or other appliance in premises except with prior written consent of the Council.

Noise and vibration

The licensee shall ensure that no noise shall emanate from the licensed premises or vibration be transmitted through the structure of the licensed premises which gives rise to a nuisance to the occupier of premises in the vicinity of the licensed premises.
Without prejudice to the generality of this condition the licensee shall ensure that no form of loudspeaker or sound amplification equipment is sited on or near the exterior of the licensed premises or in or near any foyer, doorway, window or opening to those premises.
Note: The licensee must ensure that appropriate measures are taken to prevent any nuisance which may be caused by the operation or use of ventilation or other equipment.

Part V - Conditions applying to sex shops

Goods available in sex shops

All sex articles and other things displayed for sale, hire, exchange or loan within a sex shop shall be clearly marked to persons who are inside the sex shop with the respective prices being charged.
All printed matter offered for sale, hire, exchange or loan shall be available for inspection prior to purchase and a notice to the effect is to be prominently displayed within the sex shop.
No film or video shall be exhibited, sold or supplied unless it have 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 film so certified.