HC Deb 13 July 1995 vol 263 c689W
Mr. Cohen

To ask the Secretary of State for the Home Department if he will list all legislation under which unauthorised sex shops and sex cinemas can be prosecuted; and how many prosecutions under each provision there have been in the last five years. [32966]

Mr. Maclean

The legislation under which unauthorised sex shops and sex cinemas can be prosecuted is the Local Government (Miscellaneous Provisions) Act 1982. The relevant provisions are as followsSchedule 3, paragraph 20(a), (b), (c) and (d)—offences relating to operating a sex establishment without or in contravention of the terms of a licence. Schedule 3, paragraph 21—making a false statement in a connection with the application, renewal or transfer of a licence. Under Schedule 3, paragraph 22(1) a person guilty of an offence under paragraphs 20 or 21 shall be liable on summary conviction to a fine not exceeding £20,000. Under schedule 3, paragraph 22(2) a person who fails to comply with paragraph 14(1) (display of copy of licence and standard conditions) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. Schedule 3, paragraph 23—offences relating to the admission or employment of persons under 18. A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding £20,000. Schedule 3, paragraph 24(6)—refusal to permit a constable or authorised local authority officer to exercise powers provided under paragraph 24. For every such refusal a person shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

In 1989, there was one prosecution under schedule 3 paragraph 20(a) of the Act. However it should be noted that statistics of court proceedings are based on returns made by the police to the Home Office and although these include offences where there has been no police involvement, such as those prosecutions instigated by Government Departments, local authorities, as in this case, and private organisations and individuals, the reporting of these types of offences is known to be incomplete.

Information collected from 1990 onwards does not identify individual offences committed under this specific Act from other summary offences.