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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.