Standard conditions

Regulations prescribing standard conditions applicable to licences for sex establishments

These regulations are made by Preston City Council under paragraph 13 (1) of schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended)

Notes

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

(ii) Nothing in these rules shall be construed as interfering with (a) the discretion of the licence holder or his representative regarding the admission of any person or (b) the need to strictly comply with all relevant statutory requirements.

(iii) These rules are divided into three Parts as follows:

• Part I General
• Part II Rules which apply to all premises
• Part III Rules which apply to Sex Shops
• Part IV Rules which apply to Sex Cinemas
• Part V Rules which apply to Sexual Entertainment Venues.

(iv) In these rules all references to a British Standard (BS) shall be deemed to refer to the current standard.

(iv) A Premises Licence may also be required for the operation of a Sex Cinema and Sexual Entertainment Venue.

Part 1 General - Definitions

1. In these Regulations save when the context otherwise requires the following expressions shall have the following meanings:

a)  - Sex Establishment, Sex Cinema, Sex Shop, Sex Article and Sexual Entertainment Venue shall have the meanings ascribed to them in Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982;

b)  - Premises means a building or part of a building and any forecourt yard or place of storage used in connection with a building or part of a building which is the subject of a licence for a Sex Establishment granted under the said Third Schedule;

c)  - Approval of the Council or Consent of the Council means the approval or consent of the Council in writing;

d) -  Approved means approved by the Council in writing;

e) -  The Council means the Preston City Council and all enquiries shall be directed to Licensing Services, Environmental Health Department, Town Hall, Lancaster Road, Preston,PR1 2RL.

General

2. In the event of a conflict between these Regulations and any special conditions contained in a licence relating to a Sex Establishment the special conditions shall prevail.

3. The grant of a licence for a Sex Establishment shall not be deemed to convey any approval or consent which may be required under any enactment, by law, order or regulation other than Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.

Part 2 Rules which apply to all premises - Exhibition of Licence

4. The copy of the Licence and these Regulations which are required to be exhibited in accordance with paragraph 14 (1) of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 shall be reproductions to the same scale as those issued by the Council.

5. The copy of the Licence required to be displayed shall be suitably framed and exhibited in a position that it can easily be seen by all persons using the premises. The copy of these Regulations shall be retained in a clean and legible condition.

Times of Opening

6. A Sex Establishment shall not be open to the public before 9am and shall not be kept open after 6.30pm unless otherwise permitted by the licence.

7. The premises shall not open on Sundays or any Bank Holidays or any public holidays, unless otherwise permitted by the licence.

Responsibility of Licence Holder

8. The licence holder shall take all reasonable precautions for the safety of the public and employees and, except with the consent of the Council, shall retain control over all portions of the premises.

9. The premises shall not be used for regulated entertainment, exhibition or display of any kind unless the Council's consent has first been obtained and any necessary licence granted.

Conduct and Management of Premises

10. The licence holder or some responsible person over 18 years of age nominated by him in writing for the purpose of managing the Sex Establishment in his absence shall be in charge of and present at the premises during the whole time they are open to the public.

Such written nomination shall be continuously available for inspection by authorised officers of 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 shall be conversant with these licence conditions, a copy of which shall be held on the premises.

11. The licence holder or the responsible person approved under Condition 9 shall maintain a daily register to be kept on the premises in which he/she shall record the name and address of any person who is to be responsible for managing the Sex Establishment in his/her absence and the names and addresses of those employed in the Sex Establishment.

The register is to be kept continuously up to date and is to be available for inspection by the police and by authorised officers of the Council.

12. A notice showing the name of the person responsible for the management of a Sex Establishment shall be prominently displayed within the Sex Establishment throughout the period during which he is responsible for its conduct.

13. Where the licence holder is a body corporate or an unincorporated body any change of director, company secretary or other person responsible for the management of the body is to be notified in writing to the Council within 14 days of such change and such written details as the Council may require in respect of any new director, secretary or manager are to be furnished within 14 days of a request in writing from the Council.

14. The licence holder shall ensure that no part of the premises is used by prostitutes (male or female) for the purposes of soliciting or any other immoral purposes.

15. Neither the Licence holder nor any employee or other person shall seek to obtain custom by means of personal solicitation outside or in the vicinity of the premises.

16. No person under the age of 18 shall be admitted to the premises or employed in the business of the sex establishment.

External Appearance

17. No display, advertisement, word, letter, model, sign, light, placard, board, notice, device, representation, drawing, writing or any matter or thing (whether illuminated or not) shall be exhibited so as to be visible from outside the premises except:

a) Any notice of a size and in a form approved by the Council which is required to be displayed so as to be visible from outside the Premises by law, or by any condition of a licence granted by the Council.

b) Such display, advertisement, word, letter, model, sign, light, placard, board, notice, device, representation, drawing, writing, or any matter or thing as shall have been approved by the Council.

18. 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.

19. Windows and openings to the premises other than entrances shall not be obscured otherwise than with the consent of the Council but shall have suspended behind them, in a position approved by the Council opaque curtains of a type and size approved by the Council.

State Condition and Layout of the Premises

20. The premises shall be maintained in good repair and condition.

21. The number, size and position of all doors or openings provided for the purposes of the ingress and egress of the public shall be approved by the Council and shall comply with the following requirements:

a) All such doors or openings approved by the Council shall be clearly indicated on the inside by the word "exit"/graphic type;

b) Doors and openings which lead to parts of the premises to which the public are not permitted to have access shall have notices placed over them marked, "private";

c) Save in the case of emergency no access shall be permitted through the premises to any unlicensed premises adjoining or adjacent.

22. The external doors to the premises shall be fitted with a device to provide for their automatic closure and such devices shall be maintained in good working order.

23. The licence holder shall make provision in the means of access both to and within the premises for the needs of members of the public visiting the premises who are disabled.

24. No fastening of any description shall be fitted upon any booth or cubicle within the premises nor shall more than one person (including any employee) be present in any such booth or cubicle at any time.

Change of Use

25. No change of use of any portion of the premises from that approved by the Council shall be made until the consent of the Council and Preston Police Licensing Unit has been obtained.

26. No change from a Sex Cinema to a Sex Shop or from a Sex Shop to a Sex Cinema shall be effected without the consent of the Council and Preston Police.

27. Neither sex articles nor other things intended 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 shall be displayed, sold, hired, exchanged, loaned or demonstrated in a Sex Cinema or a Sexual Entertainment Venue.

Admission of Authorised Officers

28. Officers of the Council, Preston Police, and other authorised agencies who are furnished with authorities which they will produce on request, shall be admitted immediately at all reasonable times and at any time the premises are open for business to all parts of the premises.

Part 3 - Conditions Applying to Sex Shops

1. All sex articles and other things displayed for sale, hire, exchange or loan within a Sex Shop shall be clearly marked to show to persons who are inside the Sex Shop the respective prices being charged.

2. All printed matter offered for sale, hire, exchange or loan shall be available for inspection prior to purchase, hire, exchange or loan and a notice to this effect is to be prominently displayed within the Sex Establishment.

3. No film or video film shall be exhibited, sold or supplied unless it has:

(a) been passed by the British Board of Film Censors and bears a certificate to that effect or

(b) approved by the Council and is a reproduction authorised by the owner of the copyright of the film or video film so certified.

4. In the case of licensed premises which are a vessel or stall, the licence holder shall not move the licensed vessel or stall from the location specified in the licence.

Unless he/she shall first give the Council not less than 28 days notice in writing of such intended removal and the Council may require the licence holder to lodge such written application. As it may deem appropriate and pay such fee as it may deem reasonable in respect of such application provided that this requirement shall not apply to a vessel or stall which habitually operates from a fixed location but which is regularly moved (whether under its own propulsion or otherwise) from another location as is specified in the licence and which is not used for the purposes for which the licence is granted in any other location than that which is specified.

Part 4 Conditions Applying to Sex Cinemas - Film Categories

1. The categories U, PG, 12, 15, 18 and restricted 18 have the following effect:

Part 5 - Conditions for Sexual Entertainment Venues  - External Appearance of the Premises and Public Displays of Information

1. The exterior of the premises must be presented in a manner appropriate for the character of the area. There shall be no advertisement or promotional material used by the premises that is unsuitable to be viewed by children, for example, by way of sexually provocative imagery. Any exterior signage shall be discreet and shall not display any imagery that suggests or indicates relevant entertainment takes place at the premises. Any external displays or advertising may only be displayed with the prior approval of the Licensing Manager of Preston City Council.

2. All charges for products and services shall be displayed in prominent areas within the premises.

3. No charge shall be applied unless the customer has been made aware of the tariff of charge by the performer in advance of the performance.

4. Rules for customers shall be displayed in prominent areas within the premises.

5. There shall be no performers or persons employed at the premises in a state of undress, or scantily-clad, outside the premises at any time it is open.

6. The use of cruising cars by the premises to solicit for custom and/or transport people to or from the premises is prohibited.

Control of Entry to the Premises

7. The Challenge 25 proof of age scheme shall be operated at the premises whereby any person suspected of being under 25 years of age shall be required to produce identification proving they are over 18 years of age.

The only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.

OR at the discretion of the Licensing Authority in individual circumstances the following condition may be applied:

8. All persons entering the premises must supply verifiable identification details that are passed through a digital scanning and recording system such as Club Scan, Id vista or similar computerised system

9. Any person who appears to be drunk / intoxicated or under the influence of illegal drugs shall not be permitted entrance to the premises.

10. A policy of random searches of persons entering the premises shall be operated.

11. Any person found to be in possession of illegal drugs upon entry shall be prevented entry. Any persons found using illegal drugs on the premises shall be removed from the premises.

12. The licensed premises shall be so arranged by screening or obscuring windows, doors and other openings so that the interior of the licensed premises shall not be visible to persons outside the building.

Conduct of performers and Rules relating to performances of sexual entertainment

13. There shall be a written code of conduct for performers. All performers shall be required to certify their agreement to comply with the code and a record shall be kept on the premises and be made available upon request by the Police or an authorised officer of the Council.

14. The code shall include the following:

There shall be no intentional physical contact between performers and customers at any time, before, during or after the performance, with the exception of leading a customer by the hand to, or from, an area permitted for performances of sexual entertainment in advance of, or following, a performance

The performer may not simulate any sexual act during a performance

Performers must not use any inappropriate, lewd, suggestive or sexually graphic language in any public or performance areas of the premises

Performers must not touch the breasts or genitalia of another performer, at any time as part of a performance

There shall be no use of sex articles (as defined by paragraph 4 (3) of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982) at any time

There shall be no nudity by performers in public areas of the premises, unless the Council has agreed in writing that area may be used for performances of sexual entertainment

Performers must fully dress (i.e. no nudity) at the end of each performance 

Performances of sexual entertainment may only take place in designated areas of the premises as agreed in writing by the Council

15. There shall be no photography permitted by customers in areas designated for the performance of sexual entertainment

16. Customers must remain seated for the duration of a performance

17. Performers shall not arrange to meet, or have further contact with, customers outside of the premises

The protection of performers and the prevention of crime on the premises

18. Performers shall be provided with secure and private changing facilities

19. All entrances to private areas to which members of the public are not permitted access shall have clear signage stating that access is restricted

20. The licence holder shall implement a written policy to ensure the safety of performers when leaving the premises following any period of work

21. Private booths must not be fully enclosed. There must be a clear sight-line from outside the booth so that any performance of sexual entertainment can be directly monitored

22. There must be a minimum of one member of security staff present on any floor where a performance of sexual entertainment is taking place

23. Any private booths shall be fitted with a panic button or security alarm.

24. There shall be no alterations to the layout plan of the premises without the prior written approval of the Council

Record Keeping and Management

25. All performers shall be required to provide valid identification prior to first employment at the premises. Acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or national ID card.

25. All performers and staff shall be eligible to work in the UK and proof of eligibility records shall be kept on the premises. Management shall ensure that such records are regularly checked to ensure compliance.

26. Employment records for performers and staff shall be kept for a minimum of 6 months following the cessation of their employment.

CCTV

          27. The licence holder shall operate and maintain a CCTV system which shall be in use during all times licensable activities are taking place at the premises and comply as follows:

The system shall cover all entrances and exits of the premises, all public areas of the premises including access routes where sexual entertain takes place.

The focus of the cameras shall be so as to enable clear identification of persons on the premises.

The system must be continually recording and not be set to motion activated recording

The system will be capable of providing correctly time and date stamped recordings and retaining said recordings for at least 31 days.

A staff member who is conversant with the operation of the system shall be on the premises at all times they are open to the public.

An inspection of the CCTV system at least once a month to ensure it is working in accordance with the above. conditions. Date and time of the inspections shall be recorded in a register which shall be made available for inspection.

A camera which records a facial picture of customers entering the premises shall be situated at the reception and a monitor situated there so customers entering can see same.

28. In the event of a technical failure of the CCTV system, the nominated CCTV Operator or DPS will ensure the matter is reported to the Police Licensing Unit within 24 hours.