SCHEDULES

SCHEDULE 2 Control of Sex Shops

Provisions relating to existing premises

25

1

Without prejudice to any enactment other than this Schedule it shall be lawful for any person who—

a

immediately before the date of publication as required by section 45 of this Act was using any premises, vehicle, vessel or stall as a sex shop; and

b

had before the appointed day duly applied to the F1local authority for a licence for the premises, vehicle, vessel or stall under this Schedule

to continue to use the premises, vehicle, vessel or stall as a sex shop until

i

the time within which an appeal under paragraph 24 above against any refusal by the F1local authority of his application has elapsed; or

ii

where such an appeal has been lodged, it has been abandoned or determined against him.

2

In this paragraph “the appointed day”, in relation to any area, means the day specified in the resolution passed under section 45 of this Act as the date upon which this Schedule comes into effect in that area.

3

A F1local authority shall not, before the appointed day, consider any application for the grant of a licence under this Schedule made before the appointed day and shall not grant any such application until they have considered all such applications.