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Under Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, a licence is required for premises used as a sex establishment - i.e. sex cinemas or sex shops. The council has decided that only two premises in Medway will be licensed.
Sex cinema
This means any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures which are:
- concerned primarily with the portrayal of or are intended to stimulate or encourage sexual activity,
- concerned primarily with the portrayal of genital organs or urinary or excretory functions.
However, there are two exceptions:
- a dwelling-house to which the public is not admitted,
- premises only being used for purposes for which they are licensed under Section 1 or Section 6 of the Cinemas Act 1985.
Sex shop
This means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating:
- sex articles;
- 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.
The sale of R18 videos and DVDs requires a sex shop licence in all circumstances, including sale by mail order.
Sex Shop fees:-
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New
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£3765
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Renewal and Transfer
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£2365
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Medway Council have a policy in place that only two sex shops will be allowed to operate in the Medway area.
No premises shall be treated as a sex shop by reason only of their use for the exhibition of moving pictures.
A licence is needed to run a sex establishment unless:
- the establishment is used only for the sale, supply or demonstration of articles primarily used for or related to birth control or
- the council has waived the requirement for a licence.
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