LOST AND UNCOLLECTED PROPERTY (Hansard, 3 February 1982)

(ii) is concerned primarily with the portrayal of, or primarily deals with or relates to, genital organs, or urinary or excretory functions.

Miscellaneous definitions

(4) In this Schedule—

"the appropriate authority" means, in relation to any area for which a resloution has been passed under section [Licensing of sex establishments] above, the local authority who passed it;

"the chief officer of police", in relation to any locality, means the chief officer of police for the police area in which the locality is situated; and

"the relevant locality" means—

(i) in relation to any premises, the locality where they are situated; and

(ii) in relation to a vehicle or stall, the locality in which it is or is to be situated when it is used as a sex establishment.

Requirement for licences for sex establishments

5.—(1) Subject to the provisions of this Schedule, no person shall in any area in which this Schedule is in force use any premises, vehicle or stall as a sex establishment except under and in accordance with the terms of a licence granted under this Schedule by the appropriate authority.

(2) Sub-paragraph (1) above does not apply to the sale, supply or demonstration of articles which—

(a) are manufactured for use primarily for the purposes of birth control; or

(b) primarily relate to birth control.

6.—(1) Any person who—

(a) uses any premises, vehicle or stall for any business or other activity requiring a licence under this Schedule; or

(b) proposes to do so, may apply to the appropriate authority for them to waive the requirement of a licence in respect of that business or activity.

(2) An application under this paragraph may be made either as part of an application for a licence under this Schedule or without any such application.

(3) An application under this paragraph shall be made in writing to the appropriate authority and shall contain the particulars specified in paragraph 9(2) to (6) below.

(4) The appropriate authority may waive the requirement of a licence in any case where they consider that to require a licence would be unreasonable or inappropriate.

(5) A waiver may be for such period as the appropriate authority think fit.

(6) Where the appropriate authority grant an application for a waiver, they shall give the applicant for the waiver notice that they have granted his application.

(7) The appropriate authority may at any time give a person who would require a licence but for a waiver notice that the waiver is to terminate on such date as may be specified in the notice.

(8) The date to be specified in a notice under sub-paragraph (7) above shall be not less than 28 days from the date of service of the notice.

Grant, renewal and transfer of licences for sex establishments

7. Subject to paragraph 11(1) below, the appropriate authority may grant to any applicant, and from time to time renew, a licence under this Schedule for the use of any premises, vehicle or stall specified in it for a sex establishment on such terms and conditions and subject to such restrictions as may be so specified.

8.—(1) Subject to paragraphs 10 and 22, below, any licence under this Schedule shall, unless previously cancelled under paragraph 15 or revoked under paragraph 16(1) below, remain in force for one year or for such shorter period specified in the licence as the appropriate authority may think fit.

(2) Where a licence under this Schedule has been granted to any person, the appropriate authority may, if they think fit, transfer that licence to any other person on the application of that other person.

9.—(1) An application for the grant, renewal or transfer of a licence under this Schedule shall be made in writing to the appropriate authority.

(2) An application made otherwise than by or on behalf of a body corporate or an unincorporated body shall state—

(a) the full name of the applicant;

(b) his permanent address; and

(c) his age.

(3) An application made by a body corporate or an unincorporated body shall state—

(a) the full name of the body;

(b) the address of its registered or principal office; and

(c) the full names and private addresses of the directors or other persons responsible for its management.

(4) An application relating to premises shall state the full address of the premises.

(5) An application relating to a vehicle or stall shall state the place where it is to be situated when it is used as a sex establishment.

(6) Every application shall contain such particulars as the appropriate authority may reasonably require in addition to any particulars required under sub-paragraphs (2) to (5) above.

(7) An applicant for the grant, renewal or transfer of a licence under this Schedule shall give public notice of the application, identifying the premises or specifying the place where the vehicle or stall is to be situated when it is used as a sex establishment, in such form as the appropriate authority may prescribe—

(a) where the application is made in respect of premises, by displaying the notice on or near the premises in a place where it can conveniently be read by the public,

for 21 days beginning with the date of the application; and

(b) by advertising not later than 7 days after the date of the application in a local newspaper circulating in the relevant locality.

(8) An applicant for the grant, renewal or transfer of a licence under this Schedule shall, not later than 7 days after the date of the application, give notice of the application identifying the premises or specifying the place where the vehicle or stall is to be situated when it is used as a sex establishment, to the chief officer of police in the relevant locality.

(9) Any person objecting to an application for the grant, renewal or transfer of a licence under this Schedule shall give notice in writing of his objection to the appropriate authority, stating in general terms the grounds of the objection, not later than 28 days after the date of the application.

(10) Where the appropriate authority receive notice of any objection under sub-paragraph (9) above the authority shall, before considering the application, give notice in writing of the general terms of the objection to the applicant.

(11) The appropriate authority shall not, without the consent of the person making the objection, reveal his name or address to the applicant.

(12) In considering any application for the grant, renewal or transfer of a licence the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and any objections of which notice has been sent to them under subparagraph (9) above,

(13) The appropriate authority shall give an opportunity of appearing before and of being heard by them—

(a) before refusing to grant a licence, to the applicant;

(b) before refusing to renew a licence, to the holder; and

(c) before refusing to transfer a licence, to the holder and the person to whom he desires that it shall be transferred

(14) Where the appropriate authority refuse to grant, renew or transfer a licence they shall, if required to do so by the applicant or holder of the licence, give him a statement in writing of the grounds upon which their decision was based within 7 days of the decision.

10.—(1) Where, before the date of expiry of a licence, an application has been made for its renewal, it shall be deemed to remain in force notwithstanding that the date has passed until the withdrawal of the application or its determination by the appropriate authority.

(2) Where, before the date of expiry of a licence, an application has been made for its transfer, it shall be deemed to remain in force with any necessary modifications until the withdrawal of the application or its determination notwithstanding that the date has passed or that the person to whom the licence is to be transferred if the application is granted is carrying on at premises, vehicle or stall in respect of which the licence was granted the functions to which it relates.

Refusal of licences

11.—(1) A licence under this Schedule shall not be granted—

(a) to a person under the age of 18; or

(b) to a person who is for the time being disqualified under paragraph 16(2) below; or

(c) to a person, other than a body corporate, who is not resident in the United Kingdom or was not so resident throughout the period of six months immediately preceding the date when the application was made; or

(d) to a body corporate which is not incorporated in the United Kingdom; or

(e) to a person who has, within a period of 12 months immediately preceding the date when the application was made, been refused the grant or renewal of a licence for the premises, vehicle or stall in respect of which the application is made, unless the refusal has been reversed on appeal.

(2) Subject to paragraph 22 below, the appropriate authority may refuse—

(a) an application for the grant or renewal of a licence on one or more of the grounds specified in sub-paragraph (3) below;

(b) an application for the transfer of a licence on either or both of the grounds specified in paragraphs (a) and (b) of that sub-paragraph.

(3) The grounds mentioned in sub-paragraph (2) above are—

(a) that the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason;

(b) that if the licence were to be 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;

(c) that the number of sex establishments in the relevant locality at the time the application is made is equal to or exceeds the number which the authority consider is appropriate for that locality;

(d) that the grant or renewal of the licence would be inappropriate, having regard—

(i) to the character of the relevant locality; or

(ii) to the use to which any premises in the vicinity are put; or

(iii) to the layout, character or condition of the premises, vehicle or stall in respect of which the application is made.

Power to prescribe standard conditions

12.—(1) Subject to the provisions of this Schedule, the appropriate authority may make regulations prescribing standard conditions applicable to licences for sex establishments, that is to say terms, conditions and restrictions on or subject to which licences under this Schedule are in general to be granted, renewed or transferred by them.

(2) Regulations under sub-paragraph (1) above may make different provision—

(a) for sex cinemas and sex shops; and

(b) for different kinds of sex cinemas and sex shops.

(3) Without prejudice to the generality of sub-paragraphs (1) and (2) above, regulations under this paragraph may prescribe conditions regulating—

(a) the hours of opening and closing of sex establishments;

(b) displays or advertisements on or in such establishments;

(c) the age below which persons may not be admitted to or employed in or in connection with a sex establishment;

(d) the visibility of the interior of sex establishments to passers by; and

(e) any change of a sex cinema to a sex shop or a sex shop to a sex cinema.

(4) Where the appropriate authority have made regulations under sub-paragraph (1) above, every such licence granted, renewed or transfered by them shall be presumed to have been so granted, renewed or transferred subject to any standard conditions applicable to it unless they have been expressly excluded or varied.

(5) Where the appropriate authority have made regulations under sub-paragraph (1) above, they shall, if so requested by any person, supply him with a copy of the regulations on payment of such reasonable fee as the authority may determine.

(6) In any legal proceedings the production of a copy of any regulations made by the appropriate authority under sub-paragraph (1) above purporting to, be certified as a true copy by an officer of the authority authorised to give a certificate for the purposes of this paragraph shall be prima facie evidence of such regulations, and no proof shall be required of the handwriting or official position or authority of any person giving such certificate.

Copies of licences and standard conditions

13.—(1) The holder of a licence under this Schedule shall keep exhibited in a suitable place to be specified in the licence a copy of the licence and of any regulations made under paragraph 12(1) above which prescribed standard conditions subject to which the licence is held.

(2) The appropriate authority shall send a copy of any licence granted under this Schedule to the chief officer of police for the area where the sex establishment is situated.

Transmission and cancellation of licences

14. In the event of the death of the holder of a licence granted under this Schedule, that licence shall be deemed to have been granted to his personal representatives and shall, unless previously revoked, remain in force until the end of the period of 3 months beginning with the death and shall then expire; but the appropriate authority may from time to time, on the application of those representatives, extend or further extend the period of three months if the authority are satisfied that the extension is necessary for the purpose of winding up the deceased's estate and that no other circumstances make it undersirable.

15. The appropriate authority may, at the written request of the holder of a licence, cancel the licence.

Revocation of licences

16.—(1) The appropriate authority may, after giving the holder of a licence under this Schedule an opportunity of appearing before and being heard by them, at any time revoke the licence—

(a) on any groung specified in sub-paragraph (1) of paragraph 11 above; or

(b) on either of the grounds specified in sub-paragraph (3)(a) and (b) of that paragraph.

(2) Where a licence is revoked, its holder shall be disqualified from holding or obtaining a licence in the area of the relevant authority for a period of 12 months beginning with the date of revocation.

Variation of licences

17.—(1) The holder of a licence under this Schedule may at any time apply to the appropriate authority for any such variation of the terms, conditions or restrictions on or subject to which the licence is held as may be specified in the application.

(2) The relevant authority—

(a) may make the variations specified in the application; or

(b) may make such variations as they think fit; or

(c) may refuse the application.

(3) The variations that an authority may make by virtue of sub-paragraph (2)(b) above include, without prejudice to the generality of that sub-paragraph, variations involving the imposition of terms, conditions or restrictions other than those specified in the application.

Fees

18. An applicant for the grant, renewal or transfer of a licence under this Schedule shall pay such reasonable fee in respect of the application as the appropriate authority may determine.

Enforcement

19.—(1) A person who—

(a) knowingly uses, or knowingly causes or permits the use of any premises, vehicle or stall contrary to paragraph 5, above; or

(b) being the holder of a licence under this Schedule, in the course of his business employs at the premises, vehicles or stall in respect of which the licence is held any person known to him to be for the time being disqualified from holding such a licence; or

(c) being the holder of a licence under this Schedule, without reasonable excuse knowingly contravenes, or knowingly permits the contravention of, a term, condition or restriction specified in the licence; or

(d) being the servant or agent of the holder of a licence under this Schedule, without reasonable excuse knowingly contravenes, or knowingly permits the contravention of, a term, condition or restriction specified in the licence; shall be guilty of an offence.

(2) Any person who, in connection with an application for the grant, renewal or transfer of a licence under this Schedule, makes a false statement which he knows to be false in any material respect or which he does not believe to be true, shall be guilty of an offence.

(3) A person guilty of an offence under sub-paragraph (1) or (2) above shall be liable on summary conviction to a fine not exceeding £5,000.

(4) A person who being the holder of a licence under this Schedule fails without reasonable excuse to comply with paragraph 13(1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(5) Where an offence under this paragraph committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence.

(6) Where the affairs of a body corporate are managed by its members sub-paragraph (5) above shall apply to the acts and defaults of a member in connection with his function of management as if he were a director of a body corporate.

20. If a constable has reasonable cause to suspect that a person has committed an offence under paragraph 19(1) above he may require him to give his name and address, and if that person refuses or fails to do so, or gives a name or address which the constable reasonable suspects to be false, the constable may arrest him without warrant.

21.—(1) A constable or an authorised officer of a local authority may, at any reasonable time,—

(a) enter any premises in the authority's area in respect of which a licence under this Schedule is for the time being in force; and

(b) inspect any vehicle or stall in the authority's area in respect of which such a licence is for the time being in force, with a view to seeing—

(i) whether the terms, conditions or restrictions on or subject to which the licence is held are complied with; and

(ii) whether any person is being employed in the course of the business carried on at the premises, vehicle or stall who is for the time being disqualified from holding a licence under this Schedule.

(2) Subject to sub-paragraph (3) below, a constable or an authorised officer of a local authority—

(a) may enter any premises in the authority's area; and

(b) may inspect any vehicle or stall in that area, if he has reason to suspect that an offence under paragraph 19 above has been, is being, or is about to be committed in relation to the premises, vehicle or stall.

(3) No power conferred by sub-paragraph (2) above may be exercised by a constable or an authorised officer of a local authority unless he has been authorised to exercise it by a warrant granted by a justice of the peace.

(4) Where an authorised officer of a local authority exercises any such power, he shall produce his authority if required to do so by the occupier of the premises or the person in charge of the vehicle or stall in relation to which the power is exercised.

(5) Any person who without reasonable excuse refuses to permit a constable or an authorised officer of a local authority to exercise any such power shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding £200.

Appeals

22.—(1) Subject to sub-paragraph (2) below, any of the following persons, that is to say—

(a) an applicant for the grant, renewal or transfer of a licence under this Schedule whose application is refused;

(b) an applicant for the variation of the terms, conditions or restrictions on or subject to which any such licence is held whose application is refused;

(c) a holder of any such licence who is aggrieved by any term, condition or restriction on or subject to which the licence is held; or

(d) a holder of any such licence whose licence is revoked, may at any time before the expiration of the period of 21 days beginning with the relevant date appeal to the magistrates'court acting for the petty sessions area in which—

(i) the premises in respect of which the application is made are situated; or

(ii) the vehicle or stall in respect of which the application is made is or is to be situated when it is used as a sex establishment.

(2) An applicant whose application for the grant or renewal of a licence is refused, or whose licence is revoked, on any ground specified in paragraph 11(1) above shall not have a right to appeal under this paragraph unless the applicant seeks to show that the ground did not apply to him.

(3) In this paragraph "the relevant date" means the date on which the person in question is notified of the refusal of his application, the imposition of the term, condition or restriction by which he is aggrieved or the revocation of his licence, as the case may be.

(4) An appeal against the decision of a magistrates' court under this paragraph may be brought to the Crown Court.

(5) Where an appeal is brought to the Crown Court under sub-paragraph (4) above, the decision of the Crown Court shall be final; and accordingly in section 28(2)(b) of the Supreme Court Act 1981 for the words "or the Gaming Act 1968" there shall be substituted the words ", the Gaming Act 1968 or the Local Government (Miscellaneous Provisions) Act 1982".

(6) On an appeal to the magistrates' court or the Crown Court under this paragraph the court may make such order as it thinks fit.

(7) Subject to sub-paragraphs (8) to (11) below, it shall be the duty of the appropriate authority to give effect to an order of the magistrates' court or the Crown Court.

(8) The appropriate authority need not give effect to the order of the magistrates' court until the time for bringing an appeal under sub-paragraph (4) above has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal.

(9) Where a licence is revoked or an application for the renewal of a licence is refused, the licence shall be deemed to remain in force—

(a) until the time for bringing an appeal under this paragraph has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal; and

(b) where an appeal relating to the refusal of an application for such a renewal is successful and no further appeal is available, until the licence is renewed by the appropriate authority.

(10) Where—

(a) the holder of a licence makes an application under paragraph 17 above; and

(b) the appropriate authority impose any term, condition or restriction other than one specified in the application, the licence shall be deemed to be free of it until the time for bringing an appeal under this paragraph has expired.

(11) Where an appeal is brought under this paragraph against the imposition of any such term, condition or restriction, the licence shall be deemed to be free of it until the determination or abandonment of the appeal.

provisions relating to existing premises

23.—(1) Without prejudice to any other enactment it shall be lawful for any person who—

(a) immediately before the appointed day was using any premises, vehicle or stall as a sex establishment; and

(b) had before that day duly applied to the appropriate authority for a licence for the premises, vehicle or stall under this Schedule, to continue to use the premises, vehicle or stall as a sex establishment until the determination of his application.

(2) In this paragraph and paragraph 24 below "the appointed day", in relation to any area, means the day specified in the resolution passed under section [Licensing of sex establishments] above as the date upon which this Schedule is to come into force in that area.

24.— (1) This paragraph applies to an application for the grant of a licence under this Schedule made before the appointed day.

(2) A local authority shall not consider any application to which this paragraph applies before the appointed day.

(3) A local authority shall not grant any application to which this paragraph applies until they have considered all such applications.

(4) In considering which of several applications to which this paragraph applies should be granted a local authority shall give preference over other applicants to any applicant who satisfies them—

(a) that he is using the premises, vehicle or stall to which the application relates as a sex establishment; and

(b) that some person was using the premises, vehicle or stall as a sex establishment on 22nd December 1981; and

(c) that—

(i) he is that person; or

(ii) he is a successor of that person in the business or activity which was being carried on there on that date.

Saving for criminal law

25. Nothing in this Schedule—