Part III Control of Sex Shops
45BF1Licensing of sexual entertainment venues
1
A local authority may resolve that Schedule 2 (as modified for the purposes of this section) is to have effect in their area in relation to sexual entertainment venues.
2
If a local authority passes a resolution under subsection (1), Schedule 2 (as so modified) has effect in their area from the day specified in the resolution.
3
The day mentioned in subsection (2) must not be before the expiry of the period of one year beginning with the day on which the resolution is passed.
4
A local authority must, not later than 28 days before the day mentioned in subsection (2), publish notice that they have passed a resolution under this section.
5
The notice must—
a
state the general effect of Schedule 2 (as modified for the purposes of this section), and
b
be published electronically or in a newspaper circulating in the local authority's area.
6
For the purposes of this section, paragraphs 1 and 3 to 25 of Schedule 2 apply with the following modifications—
a
references to a sex shop are to be read as references to a sexual entertainment venue,
b
references to the use by a person of premises, vehicles, vessels or stalls as a sexual entertainment venue are to be read as references to their use by the organiser,
c
in paragraph 1—
i
in sub-paragraph (b)—
A
the word “or” immediately following paragraph (i) is omitted,
B
paragraph (ii) is omitted, and
ii
sub-paragraph (c) is omitted,
d
in paragraph 7—
i
in sub-paragraph (2), at the beginning insert “
Subject to sub-paragraph (3A),
”
, and
ii
after sub-paragraph (3) insert—
3A
If a local authority consider it appropriate to do so in relation to an application, the local authority may dispense with the requirement to publish an advertisement under sub-paragraph (2) and may instead publish notice of the application electronically.
3B
Publication under sub-paragraph (3A) must be not later than 7 days after the date of the application.
3C
The applicant must also, not later than 7 days after the date of the application—
a
send a copy of the application to each person or body listed in the local authority's determination under sub-paragraph (3D), and
b
submit to the local authority a certificate stating that the applicant has complied with this sub-paragraph.
3D
For the purposes of sub-paragraph (3C), a local authority must—
a
from time to time determine the persons or bodies who must receive a copy of the application, and
b
publicise the determination in such manner as they consider appropriate.
e
in paragraph 9—
i
in sub-paragraph (5)(c)—
A
after the word “in” insert “
the local authority's area or
”
,
B
after the word “for” insert “
their area or
”
,
ii
after sub-paragraph (5) insert—
5A
For the purposes of sub-paragraph (5)(c), a local authority must—
a
from time to time determine the appropriate number of sexual entertainment venues for their area and for each relevant locality, and
b
publicise the determination in such manner as they consider appropriate.
iii
after sub-paragraph (6) insert—
6A
A local authority may refuse an application for the grant or renewal of a licence despite the fact that a premises licence under Part 3 of the Licensing (Scotland) Act 2005 is in effect in relation to the premises, vehicle, vessel or stall to which the application relates.
f
in paragraph 12(2)(b), for “shorter” substitute “
other
”
,
g
in paragraph 19(1)(e), for the words from “without” to the end of paragraph (e) substitute “knowingly permits any person under the age of 18 to enter the sexual entertainment venue—
i
at a time when sexual entertainment is being provided, or
ii
without reasonable excuse, at any other time,”, and
h
in paragraph 25, in each of sub-paragraphs (1)(a) and (2), for “45” substitute “
45B
”
.
7
In carrying out functions conferred by virtue of this section, a local authority must have regard to any guidance issued by the Scottish Ministers.