Sexshopandcinema
Licence summary |
To run a sex shop - ie any premises selling sex toys, books or videos - you may need a licence from Omagh District Council. To run a venue where explicit films are shown to members of the public, you also need a licence from the council. However, you may apply to the local authority requesting them to waive the requirement of a licence. The fees charged by Omagh District Council are currently 1. For the grant of a licence: £3,000 with a refund of £500 on refusal; 2. For the renewal of a licence: £1000 fee with £500 refunded on refusal; and For the transfer of a licence: £375 fee.
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Eligibility Criteria |
An applicant:
An application may be refused if – (a) the applicant is unsuitable to hold the licence by reason of having been convicted of an offence or for any other reason; (b) the business to which the application relates would be managed by, or carried on for the benefit of, a person, other than the applicant, who would be refused a licence if he made the application himself; (c) the number of sex establishments in the relevant locality at the time the application is made is equal to or exceeds the number (which may be nil) which the authority consider is appropriate for that locality; or (d) it would be inappropriate to grant the application, having regard to - (i) the character of the relevant locality; (ii) the use to which any premises in the vicinity are put; or the layout, character or condition of the premises concerned the layout, character or condition of the premises concerned.
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Regulation Summary |
Licensing of Sex Establishments
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Application Evaluation Process |
Fees will be payable for applications and conditions may be attached. The fees charged by Omagh District Council are currently 1. For the grant of a licence: £3,000 with a refund of £500 on refusal; 2. For the renewal of a licence: £1000 fee with £500 refunded on refusal; and 3. For the transfer of a licence: £375 fee. Applications must contain any information the local authority requires, as well as the applicant's name, address and, where the applicant is an individual, their age, plus the address of the premises. Documentation that must be sent as part of the application is as follows: 1. 3 Plans of the premises (of scale 1:50) 2. Relevant certification from Building Control in relation to any works 3. Certification in relation to periodic testing of the electrical installation 4. Certification in relation to annual testing of emergency lighting 5. Certification in relation to annual testing of fire alarm systems 6. Certification in relation to annual testing of Fire Fighting Equipment 7. Declaration of Public Liability Insurance 8. Declaration of consent to Criminal Convictions Record Check 9. Photographs of person/s who will be managing and/ or assisting to manage the premises Applicants must give public notice of their application by publishing an advertisement in two local newspapers and copies of these provided. Applicants must also give public notice of their application by placing a notice on or near the premises to be used for a period of 21 days and the appropriate declaration signed and returned.
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Will Tacit Consent Apply? |
No. It is in the public interest that Omagh District Council must process your application before it can be granted.Tacit consent does not apply to an application for a new sex establishment licence as local residents and the Police have a legitimate interest in the outcome of sex establishment applications. If an application is not processed within a defined period of time it will not be deemed granted. This is to minimise the risk of a licence for a sex establishment premises being approved inadvertently and subsequently resulting in crime and disorder, remove the protection of harm from children or cause an adverse cumulative impact in the vicinity of the proposed premises The opportunity for the public to make representations in relation to the application means that it is not possible to predict with any accuracy the time period that the hearing of such representations may take to resolve. If you have not heard from the Council within a reasonable period, please contact us. You can do this online here if you applied through the UK Welcomes service or use the contact details below.
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Apply online |
Apply for a licence for a sex establishment Tell us about a change to your existing sex establishment licence |
Forms to Download, print and post |
Application Pack for Grant, renewal or transfer of Sex establishment Licence
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Contact Details |
Telephone: 028 82245321 Fax:028 82243888 E-mail: licensing@omagh.gov.uk Licensing Department, Omagh District Council, The Grange, Mountjoy Road, OMAGH, Co Tyrone, BT79 7BL
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Failed Application Redress |
Please contact Omagh District Council in the first instance. Any applicant who is refused a licence, or refused the renewal of a licence, may, within 21 days of being notified of the refusal, appeal to the local magistrates' court. However, the right to appeal does not apply where the licence was refused on the grounds that:
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.
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Licence Holder Redress |
Please contact Omagh District Council in the first instance. A licence holder who wishes to appeal against a condition can appeal to a local magistrates' court.
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Consumer Complaint |
We would always advise that in the event of a complaint the first contact is made with the trader 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. Licence holders may at any time apply to the authority for a variation of the terms, conditions or restrictions in their licence. If an application for a variation is refused, or if the licence is revoked, the licence holder 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 the local magistrates' court. A licence holder may also appeal to the crown court against a decision of a magistrates' court.
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Other Redress |
Any person objecting to an application for the grant, renewal or transfer of a licence may give written notice of their objection to the relevant authority, stating the grounds of the objection, within 28 days of the date of the application. Any complaints concerning how a licensed premises is operated should be made directly to the Licensing Department 028 82245321, or by emailing: licensing@omagh.gov.uk
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Trade Associations |
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