If you want to run a sex establishment in the Maldon District, you will need a licence from us. A sex establishment includes a sex shop, sex cinema and sexual entertainment venue, for example lap dancing. Please read the Council's policy on sex establishments.
The licensing, renewal and transfer of a licence is governed by the Local Government (Miscellaneous Provisions) Act 1982, Part II as amended by the Policing and Crime Act 2009.
You must comply with the conditions attached to a licence.
Notices must be displayed at the premises and placed in newspapers circulating in the Maldon District detailing that an application has been made. The notice, using the following format, must be displayed and published no later than 7 days after the application is received by us. A copy of the newspaper advertisement with details of the publication and date must be submitted to us.
Notice is given that (insert full name of applicant)
applied to Maldon District Council on (insert date application received by the Council)
for the grant/renewal/transfer of a licence to use premises/vehicle/vessel/stall as a sex shop/sex cinema/sexual entertainment venue (insert relevant descriptions).
The premises are at (insert full address)
The vehicle/vessel/stall (insert relevant description) will be used as a sex establishment at (insert full address of location)OBJECTIONS
Any person who wishes to object to this application must give notice in writing of their objection to Maldon District Council, Princes Road, Maldon CM9 5DL within 28 days of the application date (detailed above). This application can be viewed at the Council offices. The objector must state the general grounds of their objection.
If you wish to make representations about an application, they should be in writing and reach us no later than 28 days after we receive the application, stating your general grounds for objecting.
Eligibility and refusal
We will consult with the Police and will consider any observations or representations made by them or by the public.
In the event of an objection, you will be given the opportunity of a hearing before the Licensing sub-committee to determine the application. Licences will be rejected under the following circumstances:
- the applicant is under 18 years of age
- the applicant is disqualified for 12 months from holding a licence after revocation of a previous licence
- the applicant has been refused an application within the previous 12 months
- the applicant, if not a limited company, is not resident in the UK or has not been resident for at least 6 months prior to the application
- if the applicant is a company, they are not incorporated in the UK
We may refuse an application where:
- the applicant is unsuitable (being convicted of an offence or for 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 number of establishments in the area exceed the number we consider appropriate for the area
- 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
Making an application and redress
There is an application fee.
If you wish to appeal against the refusal to grant of a licence, transfer or variation, you may appeal to the local Magistrates' Court 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.
We advise that in the event of a complaint, you contact the trader first - preferably in the form of a letter (with proof of delivery). If that does not work, if you are located in the UK, Citizens Advice Bureau can give advice. From outside the UK, contact the UK European Consumer Centre.
If you are not happy about other issues such as nuisance (for example noise, dust and drainage), information is available on our website.