Licence Summary

If you run a sex cinema or sex shop in the District of Maldon, you may need a licence from Maldon District Council.  You may also apply to the Council for the requirement for a licence to be waived. 

You must comply with any conditions attached to a licence. 

Eligibility Criteria

Applications for a licence, renewal or transfer of a licence must be made in writing (including be electronic means) to Maldon District Council.

Advertisements must be placed in newspapers circulating in the District of Maldon detailing that the application has been made.  A copy of every advertisement must be supplied to the Council.  The advertisement must be published no later than seven days after the application is made.

Regulation Summary

A summary of the regulation relating to this licence

Application Evaluation Process

Maldon District Council will provide a copy of the application to the sub-divisional commander of the area.

The Council will consider any representations made in relation to the application and any other observations or representatons of the sub-divisional commander of the local police force.

You will be given the opportunity of a hearing before the Council before your application is refused.  Licences will be refused under the following circumstances:

• if the applicant is under 18 years of age;
• the applicant is disqualified for 12 months from holding a licence after a previous licence was revoked;
• the applicant, if not a limited company, is not resident in the UK or has not been resident for at least six months prior to the application;
• if the applicant is a company, they are not incorporated in the UK;
• if the applicant has been refused an application with the previous 12 months.

Other grounds on which the Council can refuse an application are:

• the applicant is unsuitable through being convicted of an offence or through another reason;
• if the licence was granted the business would be carried on for the benefit of another person who would be refused a licence;
• the grant or renewal of a licence would not be appropriate taking into account the character of the area, the use of the premises and the layout, condition and character of the premises, vehicle, vessel or stall to which the application relates.

Will Tacit Consent Apply?

Yes.  This means that you will be able to act as though your application is granted if you have not heard from Maldon District Council within 42 days.

Fees

See Licence Application Fees

Apply On line

Apply to run a sex shop or cinema establishment

Failed Application Redress

If you wish to make representations about an application you may do so to Maldon District Council.  The representations should reach the Council no later than 28 days after the date of the application.

If you wish to appeal against the refusal of an application, you may appeal to the local County Court where the premises are located or, if the application related to a vehicle, vessel or stall, the area where they were going to be used, within 21 days of being notified of the refusal of the application.  Appeals may not be made if the refusal is made for one of the reasons set out above or because:

• the number of establishments in the area are, or exceed, the number the Council considers appropriate for the area; or
• the grant or renewal of a licence would not be appropriate taking into account the character of the area, the use of the premises and the layout, condition and character of the premises, vehicle, vessel or stall to which the application relates.

Licence Holder Redress

If you wish to make representations about an application, you may do so to Maldon District Council.  The representations should reach the Council no later than 28 days after the date of the application. 

If you wish to appeal against the refusal of an application, you may appeal to the County Court where the premises are located or, if the application relates to a vehicle, vessel or stall, the area where they were going to be used, within 21 days of being notified of the refusal of the application.  Appeals may not be made if the refusal is because of the reasons set out above or because:

• the number of establishments in the area are, or exceed, the number the Council considers appropriate for the area; or
• the grant or renewal of a licence would not be appropriate taking into account the character of the area, the use of the premises and the layout, condition and character of the premises, vehicle, vessel or stall to which the application relates.

Consumer Complaint

We advise that in the event of a complaint, you contact the trader first - preferably in the form a letter (with proof of delivery).  If that has not worked, if you are located in the UK, Consumer Direct will give you advice.  From outside the UK, contact the UK European Consumer Centre.

Other Redress

Trade Associations

None