LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982

Sexual Entertainment Venue Applications

Application for the Grant/Renewal of a Sexual Entertainment
 Venue Licence

Licensing Service
Flint Street
Fartown
Huddersfield
HD1 6LG
 
Telephone Number: 01484 456868

Or visit our website: www.kirklees.gov.uk
Or email us at: licensing@kirklees.gov.uk

KIRKLEES COUNCIL
Schedule 3, Local Government (Miscellaneous Provisions) Act 1982

Application for Grant/Renewal of a Sexual Entertainment Venue Licence

Notes to Applicant:
All questions must be answered unless otherwise stated.
If relevant questions are not answered, the application will be deemed incomplete and returned to the Applicant.

I / We Hereby Apply to: Kirklees Council for the grant/renewal of a licence to use a premises as a Sexual Entertainment Venue.

A.	The Applicant

Q1	Is the Applicant:	
	a.	An individual?	[	]	Answer question 2	
	b.	A company or other corporate body?	[	]	Answer question 3 & 4	
	c.	A partnership or other unincorporated body?	[	]	Answer question 5	

Q2	Answer only where the applicant is an individual.	
	
Full Name of the Applicant		
	Applicants permanent private
address		
	Occupation
(during preceding six months).		
	Telephone No.		
You need to complete Annex A.  Now go to question 5	

Q3	Answer only if the Applicant is a company or other corporate body.	
	Full Name of the Applicant		
	Applicant’s trading address		
	Applicant’s registered address (if different)?		
	What is the registered number of the Applicant?		
	Has the Applicant previously been known by any other
name, and if so, what?		

	What are the full names of the
Directors and Company Secretary?		
	Are any persons responsible for
the management of the Applicant other than the Directors and Company Secretary? If so, state their names	Yes [ ]	No  [ ]	
	For all persons with a
shareholding greater than 10% in the Applicant state the names, and registered address where it is a body corporate of all persons and their percentage shareholding at the date of application.		
	For any body corporate with a
shareholding holding greater than 10% in the Applicant, state the names of its Directors and Company Secretary.		
All individuals named above need to complete Annex A. Now go to question 5	

Q4	Answer only if the Applicant is a partnership or other unincorporated body:	
	Full Name of the Applicant		
	Applicants trading address		
	What are the names, of the Applicants Partners?		
	Are there persons responsible for the management of
the Applicant other than the Partners? If so, state their names.		
	Has the Applicant previously been known by any other
name, and if so, what?		
All individuals named above need to complete Annex A.  Now go to question 6	

Q5	Will the business for which a licence is sought be managed by or carried on for the benefit of a person other than those already mentioned in answer to Q2 to Q4 above. This includes third parties such as funders and suppliers where the arrangements are not on
normal arms length commercial terms or any persons who may share in the profits.	Yes [  ]	No [  ]	
	If the answer is yes, state their name(s). If a body
corporate body, state their place of registration and registered number, and the name(s), of all Directors, the Company Secretary and those with a greater than 10% shareholding.		
           All  individuals named above need to complete Annex A. Now go to question 6

Q6	Has any body corporate or unincorporated named in Q3 to Q5 above:	
		Ever been convicted of a criminal offence, issued with
a caution, or bound over to be of good behaviour?	Yes [  ]	No [ ]	
		Ever had a grant or renewal application for a sex
shop, sex cinema or sexual entertainment venue licence refused or such licence revoked?	Yes [  ]	No [ ]	
		Ever been the subject of insolvency proceedings?	Yes [  ]	No [ ]	
		If Yes please provide full details including dates (this
can be done on a separate piece of paper).		

Note: Question 6 does not apply to individuals as they are required to answer similar questions in Annex A.

Q7	Does the Applicant have a
trading name different from that given in answer 2, 3 or 4 above? If so, state the trading name.		

Q8	Does the Applicant operate any other sex shop, sex cinema or
sexual entertainment venue in Kirklees whether licensed or not?	Yes [  ]	No [  ]	
	If so, state the name, address and type(s) of
sex establishment (e.g. sex shop, sex cinema, sexual entertainment venue).		

Notes to Applicant:

Each of the individuals named in Questions 2, 3, 4 and 5 must complete a copy of the form attached at Annex A to this application.

These form part of the application and must be submitted with this application. If not, the application will not be regarded as complete and will not be processed.
It will be rejected if not made complete within seven working days of receipt.

B.	The premises, Vehicle, Vessel or Stall.

Q9	Is this application in respect of:	Premises
Vehicle Vessel Stall	[  ] Go to Question 11
[  ]
[  ]
[  ]	

Q10	Answer only where the application is for a vehicle, vessel or stall	
	Give a description and state all
locations where the vehicle / vessel / stall is proposed to be located during use as a sexual entertainment venue. If moving please describe the route to be taken and any places where it will be stationary.		
Now go to question 12	

Q11	Postal address of premises:	
	Post Town:	Postcode:	
	Telephone Number:	Email Address:	

For Q12 to Q17 reference to premises should be taken to include vehicle, vessel or stall as appropriate.

Q12	Is the whole of the premises to be used as a sexual
entertainment venue?	Yes [  ]	No [  ]	
	If not, state the use of the
remainder of the premises		
	State the names of those who are
responsible for the management of the remainder of the premises		

Q13	State the nature of the Applicant’s	a.	Owner	[	]	
	interest in the premises.	b.	Lessee	[	]	
		c.	Sub-lessee	[	]	
	If the Applicant is a lessee or sub- lessee, state:		
	(i) the name and address of the landlord		
	(ii) the name and address of the
superior landlord (if any)		

	(iii) the amount of the annual rental	£	
	(iv) the length of the unexpired term		
	(v) the length of notice required to
terminate the tenancy		

Q14	State the current use of the premises		
	Is there planning permission for the
premises (or any site where a vehicle, vessel or stall is to be placed) which covers use as a sexual entertainment venue?	Yes [  ]	No [  ]	
	If so, state the date of the planning
permission		
	If not, state whether and why the use as
a sexual entertainment venue is lawful,
e.g. because there is a certificate of lawful use, give full details.		

Q15	Are the premises licensed under any
other Act, e.g. the Licensing Act 2003?	Yes [  ]	No [  ]	
	Provide full details:
(i)	Legislation		
	(ii)	Premises Licence Holder		
	(iii)	Designated Premises
Supervisor		
	(iv)	Licence number		
	Does the Applicant intend to obtain or
vary a licence under any other Act?	Yes [  ]	No [  ]	
	Provide full details:
(i)	Legislation		
	(ii)	Type of application		
	(iii)	Licence number		

Q16	Is customer access to the premises:	Directly from the street or a pu
thoroughfare?	blic
[	
]	
		From other premises?
Please provide details:	[	]	

	Is each customer access from the street
to be supervised at all times the premises are open to the public?	Yes [  ]	No [  ]
If the answer is No give full details of proposed door controls and supervision:	

Q17	Are the premises, so constructed or
adapted and laid out as to permit access to, from and within the premises (including WC facilities) for members of the public who are disabled?	Yes [  ]	No [  ]
If the answer is No give full details of proposals for affording such access:	

Q18	Are the premises being used as a sex shop, sex cinema or sexual entertainment venue at the date of this application?	Yes [  ]	No [  ]	
	If the answer is Yes, state the name and
address of the body or person now operating the business.	Name:	
		Address:	

C.	Management of the business

Q19	State the identity of the person who
will be primarily responsible for the day to day management of the business at the premises.	Name:	
	Will that person be based at the
premises and will the management of the business there will be his/her sole and exclusive occupation.	Yes [  ]	No [  ]	
	Which person(s) will be responsible
for the day to day management of the business in the absence of the person named above.	Name:	
		Name:	
	Confirm that the relief manager(s) or	Yes [  ]	No [  ]	

	one of them will be based at the
premises full time in the absence of the Manager.		
You should ensure that any person listed in this question is also included in Q2 to Q5
above as appropriate.	

Q20	State all times at which the premises will be used as a Sexual Entertainment Venue	
	Day	Start	Finish	Please give further details here:	
	Mon				
					
	Tue				
					
	Wed			State any seasonal variations:	
					
	Thur				
					
	Fri			Non-standard timings. Where you intend to use the premises at different times from
those listed in the column on the left:	
					
	Sat				
					
	Sun				

Q21	State proposals in respect of: (A plan of the exterior must be submitted)	
	Exterior Signage	Nature:		
		Size:		
		Images:		
		Copy Supplied:	Yes [  ]	No [  ]	
	Advertising	Nature:		
		Size:		

				
		Images:		
		Copy Supplied:	Yes [  ]	No [  ]	
	Window Displays	Nature:		
		Size:		
		Images:		
		Copy Supplied:	Yes [  ]	No [  ]	

Q21	State any proposals for solicitation or advertisement of business in public areas (in
doing so you should take account of the Council’s Policy and the Standard Terms and Conditions that will apply to the licence if granted) :	
	Fliers	Images:		
		Copy Supplied:	Yes [  ]	No [  ]	
	Business Cards	Images:		
		Copy Supplied:	Yes [  ]	No [  ]	
	Other	Images:		
		Copy Supplied:	Yes [  ]	No [  ]	

Q22	What means are to be taken to prevent
the interior of the premises being visible to passers-by?		

Q23	State what age restrictions are to be
applied in respect of admissions, and how are these to be enforced.

In answering, state what forms of identity will be accepted.		

Q24	State the arrangements for CCTV and
for retention of recordings.

In answering, state whether all public areas are to be covered by CCTV at all times the business is open and whether the feed from all cameras will be recorded.		

Q25	Give full details of the nature of the
entertainment. Lap Dancing		
	Pole Dancing		
	Stage Strip-tease		
	Other		
	State whether arrangements are proposed for
private booths or areas. If so, provide full details (highlighted on accompanying plans), including proposals for supervision of such areas.		

Q26	This question need not be answered in the case of renewals.	
A	State proposals for preventing nuisance to residents and businesses in the vicinity:	
B	State proposals for promoting public safety:	
C	State proposals for preventing crime or disorder:	

		
D	State proposals for protecting children from harm:	
E	Set out the system for training all
staff in the Code of Practice for performance, and enforcing compliance. (Note: the Code of Practice must be attached to this form.)		
F	Set out the system for notifying customers of the Rules for
Customers, and for monitoring and enforcing compliance. (Note: the Rules for Customers must be
attached to this form.)		
G	Set out the system for monitoring compliance with the venue’s Policy
for Welfare of Performers. (Note: the
Policy for Welfare of Performers must be attached to this form.)		

Q27	Set out any further information which you wish the authority to take into account.

Include here any proposed conditions (you may attach a schedule of such conditions) or any reason relied upon to provide an exception to the authority’s Sexual Entertainment Venue Policy or Standard Conditions (any such application will be referred to Licensing Sub-Committee for determination).

Q28	Is there any information on this form which you do not wish to be seen by members of the public? If so, state which information and the reasons why you do not wish it to be seen.

Q29	Please use the checklist below to ensure you have completed all parts of the
application. Tick to confirm you have enclosed all of the required information documents:	

I have made or enclosed payment of the fee.	
[	
]	

I have enclosed plans of the premises (scale 1:100) that detail all the relevant			
information including the designated performance areas, access and egress, etc.	[	]	

I have enclosed a site plan detailing the location of the premises (scale 1:1250) in			
relation to the surrounding area.	[	]	

I have enclosed drawings of the proposed front elevation as existing and as proposed			
(scale 1:50).	[	]	

I have enclosed a copy of any other licences for the premises.	
[	
]	

I have enclosed the Code of Practice and Disciplinary Procedure for Performers.	
[	
]	

I have enclosed the Rules for Customers.	
[	
]	

I have enclosed the Policy for the Welfare of Performers.	
[	
]	

I have enclosed a completed Annex A for all individuals named in questions 2 to 5.	
[	
]	

I understand and agree that I must send a copy of my complete application to the Chief			
Officer of Police no later than seven days after the date of the application.	[	]	

I understand that I must now advertise my application on or near the Premises for 21			
days starting with the date of the application.	[	]	

I understand that I must advertise the application in a local newspaper within seven			
days after the date of the application and that a copy of the complete newspaper must			
be provided to the Licensing Authority in accordance with paragraph 10(8), Schedule 3			
of the Local Government (Miscellaneous Provisions) Act 1982.	[	]	

Should the information provided in relation to this application form cease to be correct, or if there are any changes in the information provided in the application form between the date the application is submitted and the date it is determined, the Applicant must advise the Licensing Authority immediately. Failure to do so may result in any licence issued being revoked.

I/we agree to notify the Licensing Authority should any of the information given in this application change.	

[	

]	

I declare that I have read and agree to abide by the standard conditions of a Sexual Entertainment Venue Licence made by Kirklees Council in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 should my application be granted.	

[	

]	

Applicants are informed that any person who, in connection with an application for the grant, renewal or transfer of a licence, makes a false statement which he knows to be false in any material respect or which he does not believe to be true, is guilty of an offence and liable, on summary conviction, to a fine not exceeding £20,000.

I/we certify to the best of my/our knowledge and belief that the information given in this
application is complete and correct in every respect.	
[	]	

Name: ……………………………………………………………………………............................ Position in Organisation: …………………………………………………………………………... Date: ………………………………………………………………………………………………….
Signature: ……………………………………………………………………………………………	

Q30	Contact name (where not previously given) and postal address for correspondence
associated with this application:	
	Address:	
	Postal Town:	Post Code:	
	Telephone Number:	
	Mobile Number:	
	Email Address:	

Please return the fully completed form and all attachments to:
Licensing Service, Flint Street Fartown Huddersfield
HD1 6LG

ANNEX A

KIRKLEES COUNCIL

Statutory declaration sheet for the application for grant/renewal of a
Sexual Entertainment Venue licence.

One of these forms must be completed by	(i) the applicant;
(ii)	all directors of any company applying for a licence; and
(iii)	ny other person who will be
responsible for the management of the licensed premises.

Further copies of this form can be downloaded from our website at:
www.kirklees.gov.uk

Q1	Full Name:		
	Former Name (if any):		
	Position in relation to Applicant
(e.g. Director, Partner, Manager):		
	Date of Birth:		
	Gender:	Male [	]	Female [	]	
	Permanent Residential Address:		
	If resident at this address for less
than 3 years, state previous address:		

Q2	Have you been a resident in the
United Kingdom for more than six months prior to the date of the application?	Yes [  ]	No [  ]
If the answer is No give the date your residency started:	

Q3	Have you ever been disqualified	Yes [	]	No [	]	

	from holding a sex establishment
licence (sex shop, sex cinema or sexual entertainment venue) under Schedule 3, Paragraph 17 of the Local Government (Miscellaneous Provisions) Act 1982?	If the answer is Yes give full details:	

Q4	Have you ever been involved in the management of a business, whether as
proprietor, director, company secretary, partner, manager, supervisor or otherwise which has had any of the following types of licence refused, refused on renewal, reviewed or revoked?	
	Sex establishment licence	Yes [	]	No [	]	
	Licence for the sale of alcohol	Yes [	]	No [	]	
	
Licence for the provision of entertainment,	
Yes [	
]	
No [	
]	
	whether sexual or otherwise.					
	Personal licence under the Licensing Act
2003	Yes [	]	No [	]	
	If the answer is Yes to any of the above give
full details:		

Q5	Have you ever been convicted of a criminal offence, whether in the United Kingdom or
elsewhere?	Yes [  ]	No [  ]
If the answer is Yes please give full details below:	
	Details of previous convictions and/or cautions	
	Date of Conviction	Court of Conviction	Nature of Offence	Sentence	

Q6	To your knowledge are you currently the
subject of any criminal investigation?	Yes [  ]	No [  ]	
	If the answer is Yes please give full details:		

Q7	Have you ever had any civil legal action
taken against you?	Yes [  ]	No [  ]	
	If the answer is Yes please give full details:		

Q8	Have you ever been declared bankrupt or
entered into an arrangement with creditors or an individual voluntary arrangement?	Yes [  ]	No [  ]	
	If the answer is Yes please give full details:		

Q9	Have you ever been disqualified from acting as a company director?	Yes [  ]	No [  ]	
	If the answer is Yes please give full details:		

Q10	Is there any other information which you believe the licensing authority would reasonably expect notice of or you would like the licensing authority to take into account when considering the information you have supplied?

Q11	Is there any information on this Annex which you do not wish to be seen by members of the public? If so, state which information and the reasons why you do not wish it to be seen.

Q12	I declare that I believe the information given above is true and complete in every respect.	
	
Name: ……………………………………………………………………………... Position in Organisation: ………………………………………………………… Date: ……………………………………………………………………………….. Signature: ………………………………………………………………………….	
	Where the  applicant  is  a  body  corporate  or  unincorporated  body  this
application should be signed by a partner, the secretary or a director stating in which capacity it is signed.	

Personal Data
We have recently updated our Privacy Notice about how we use personal data provided to the Council. Further information can be found at:
http://www.kirklees.gov.uk/beta/information-and-data/pdf/privacy-notice-other-licenses.pdf

Guidance Notes for Applicants

1.	Application

All questions must be answered unless otherwise stated. If relevant questions are not answered, the application will be deemed incomplete and returned to the Applicant.

A separate “Annex A” form must be completed by each of the individuals named in Questions 2, 3, 4 and 6 of the application form. These must be submitted with the application.

The correct fee should be enclosed with the application.

The application must be served on West Yorkshire Police at:

The Police Licensing Team Flint Street
Fartown Huddersfield
HD1 6LG

No later than seven days after submitting the application to Kirklees Council.

2.	The Plan

The layout plan must show:

(a)	The layout of the premises including, e.g. stage, bars, cloakroom, wc’s performance areas and dressing rooms.
(b)	The extent of the boundary of the premises outlined in red.
(c)	The extent of the public areas outlined in blue.
(d)	Uses of different areas in the premises, e.g. performance areas and reception.
(e)	Structure or objects (including furniture) which may impact on the ability of individuals to use exits or escape routes without impediment.
(f)	Location of points of access to and egress from the premises.
(g)	Any parts used in common with other premises.
(h)	Position of CCTV cameras.
(i)	Where the premises includes a stage or raised area, the location and height of each stage or area relative to the floor.
(j)	Where the premises includes any steps, stairs, elevators or lifts, the location of the same.
(k)	The location of any public conveniences, including disabled WC’s.
(l)	The position of any ramps, lifts or other facilities for the benefit of disabled people.
(m)	Any level changes at the entrance to or within public parts of the premises which may be inaccessible to disabled people.
(n)	The location and type of fire safety and any other safety equipment.
(o)	The location of any kitchen on the premises.
(p)	The location of emergency exits.

3.	Public Notices

A notice must be displayed at, or on the premises to which the application relates for a period of not less than 21 consecutive days from the day following the day the

application was given to the Council. The notice must be able to be conveniently read from the exterior of the premises.

Where the premises cover an area of more than 50 square metres, a further identical notice must be displayed every 50 metres along the external perimeter of the premises abutting the highway.

The full regulations regarding the size, content and font to be used on public notices can be obtained from the Licensing Service.

A notice must also be placed in a local newspaper circulating in the area within 7 days of serving the application on the Council (Example the Huddersfield Examiner or Dewsbury Reporter).

You must send a copy of the newspaper containing the advertisement as soon as is reasonably practicable to the Licensing Section.

*Please note a notice template is attached at Appendix B

4.	Grant of a Licence

The Council may grant to any applicant a licence for the use of a premises as a sexual entertainment venue on such terms and conditions as specified by the Council.

A licence will remain in force for one year, or such shorter period specified in the licence, unless previously cancelled or revoked.

To apply for the grant of a sexual entertainment venue licence an applicant must send to the Council:-

a)	A completed application form;
b)	The fee;
c)	A plan of the premises to which the application relates (to the scale of 1:100) showing all means of ingress and egress to and from the building, layout of the premises;
d)	A site plan detailing the location of their premises in relation to the surrounding area and other premises (to the scale of 1:1250);
e)	Drawings  showing  the  front  elevation  of  the  premises  as  existing  and  as proposed (to the scale of 1:50);

And must also:

f)	Display a notice at or on the premises (see section 1 above);
g)	Place a public notice in a local newspaper (see section 1 above);
h)	Serve a copy of the application on the Chief Officer of Police at 
The Police Licensing Team, Flint Street, Fartown, Huddersfield, HD1 6LG

Application forms are available from www.kirklees.gov.uk

For further information and guidance in relation to applications for a Sexual Entertainment Venue, please see our Sexual Entertainment Venue Licensing Policy at www.kirklees.gov.uk

                Appendix B 

               Local Government (Miscellaneous Provisions) Act 1982
Part II, Schedule 3

Notice is hereby given that:

I/we*

(Insert name and address of applicant)

Have made an application under Part II and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 for the grant / variation / renewal / transfer* of a sex establishment licence for the Premises known as:

(Insert name and address of premises)

I/we* intend to operate the premises as a Sexual Entertainment Venue during the following days and times:

(Insert days and times applied for)

Interested parties may make written representations to Licensing Service, Kirklees Council, Flint Street, Fartown, Huddersfield, HD1 6LG about this application by:

(Note: Insert final date for comments - should be 21 days from the day you submit your application)

For full details and to view a copy of the application please contact the Licensing Service on 01484 456868.

*Delete as appropriate