Sex establishments

About sex shop licences

Laws define a sex shop as any premises used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating:

• sex articles; or
• 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 (bondage).

A brief summary of licensing conditions

Sex shop operations are strictly controlled and a number of stringent conditions are attached to any licence we grant. Applications for a sex shop licence must be submitted to us together with a copy of the plans to the premises, the correct fee, and a Statutory Declaration by the applicant declaring any criminal convictions held. The application is subject to a 28 day objection period following its advertisement in a local newspaper and on the premises, members of the public can submit their objections in writing to us during this time. All applications are considered by our Licensing and Safety Panel who will take account of any objections received.

Successful applications will result in provisional approval being granted subject to inspections being carried out on the premises by the Fire Officer, our Electrical Engineer and Building Control Officer to determine the safety and suitability of the premises. Licenses are renewable every 12 months and are subject to re advertising the application and the necessary inspections being carried out. They only need reconsideration by the Licensing Panel if any objections are received.

Your questions answered

Who is eligible for a sex shop licence?

An applicant must:

• be at least 18 years old;
• not be disqualified from holding a licence;
• have been resident in the UK at least six months immediately before the application or, if a body corporate, must be incorporated in the UK; and
• not have been refused the grant or renewal of a licence for the premises in question within the last 12 months unless the refusal has been reversed on appeal.

How do I apply for a sex shop licence?

You can now apply for a sex shop licence online.

Please follow the link on the right-hand side of the web page to Business Link's UK Welcomes website where you will be asked to register with the site.

What is the application process?

Applications must be on the correct form and appropriate fee.  The fee for a first time application is £3399.  The fee for a renewal is £500. 

You will be required to give public notice of your application by publishing a notice in The Bury Times. The notice should appear no later than seven days after the date of the application.

In addition, you will be required to display a notice on or near the premises for 21 days beginning on the date of the application which can be conveniently read by the public.

 Download an example display grant notice [7kb][subscribe]
 Download an example display renewal notice [9kb][subscribe]
 Download an example newspaper advert grant notice [9kb][subscribe]
 Download an example newspaper advert renewal notice [9kb][subscribe]

When considering an application for a sex establishment licence we may consider the following criteria.

• The suitability of the applicant.
• Whether the person applying is a "front" person for someone else.
• The location and situation of the premises in relation to other premises in the area.

Will tacit consent apply?

No. It is in the public interest that we must process your application before it can be granted. If you have not heard from us within a reasonable period, please contact us using the details at the bottom of the page.

Where tacit consent is applicable, it will only apply for licences / registrations that are submitted electronically or the business can show proof of delivery from a post office or recognised courier.

What if the application or variation is refused?

Please contact us in the first instance, using the details supplied at the bottom of the page.
If your application is refused, or we refuse to renew your licence, you may, within 21 days of being notified of the refusal, appeal to Bury Magistrates' court. However, the right to appeal does not apply where the licence was refused on the grounds that:

• the number of sex establishments in the area exceeds the number which the authority consider is appropriate; or
• the grant of the licence would be inappropriate considering the character of the area, the nature of other premises in the area, or the premises themselves.

If you hold a licence and you wish to appeal against a condition attached to the licence you can appeal to Bury Magistrates' court within 21 days of receipt of the decision.

You may at any time apply to us for a variation of the terms, conditions or restrictions on your licence.

If an application for a variation is refused, or if the licence is revoked, you may, within 21 days of being notified of the imposition of, or the refusal to vary, the term, condition or restriction in question, or of the revocation, appeal to Bury Magistrates' court.

You may also appeal to the crown court against a decision of a magistrates' court.

How do I complain?

We would always advise that in the event of a complaint the first contact is made with the service provider by you - 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.

How do I object to the granting of a sex shop licence?

Any person objecting to an application for the grant, renewal or transfer of a licence may give written notice of their objection to us, stating the grounds of the objection, within 28 days of the date of the application.

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