Sex Establishments

If you run a sex cinema or sex establishment, you may need a licence from the Borough Council. You must comply with any conditions attached to a licence. Applications will also be subject to a fee.

Eligibility Criteria

Applications for a licence, renewal or transfer of a licence must be made in writing (including by electronic means) to the borough council.  Advertisements must be placed in newspapers circulating in the council's area, detailing that the application has been made. A copy of every advertisement must be supplied to the borough council. The advertisement must be published no later than seven days after the application is made. Notice of the application must also be posted at the premises.

Regulation Summary

See links for a summary of the regulation relating to a sex establishment licence

Application Evaluation Process

Boston Borough Council will provide a copy of the application to the Chief Officer of Police for the area. The council will consider any representations made in relation to the application and any observations or representations of the the Lincolnshire Police. All new applications and renewals which are subject to  representations will be considered by Regulatory and Appeals Committee. You will have an opportunity to address the committee prior to a decision on your application being made.

Licences will be refused under the following circumstances:

• if the applicant is under 18 years of age
• the applicant is disqualified for 12 months from holding a licence after a previous licence was revoked
• the applicant, if not a limited company, is not resident in the UK or has not been resident for at least six months prior to the application
• if the applicant is a company, they are not incorporated in the UK
• if the applicant has been refused an application within the previous 12 months.

Other grounds on which a district council can refuse an application are:

• the applicant is unsuitable through being convicted of an offence, or through another reason
• if the licence was granted the business would be carried on for the benefit of another person who would be refused a licence
• the grant or renewal of a licence would not be appropriate taking into account the character of the area, the use of the premises and the layout, condition and character of the premises, vehicle, vessel or stall to which the application relates.
• the number of Sex Establishments in the Borough at the time the application is made is equal to or exceeds the number which the Authority considers is appropriate for that area.

Will Tacit Consent Apply?

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it.

Apply Online

You can do this online using the links.

Failed Application Redress

Please contact Boston Borough Council in the first instance. If you wish to make representations about an application you may do so to the borough council. The representations should reach the council no later than 28 days after the date of the application.

If you wish to appeal against the refusal of an application you may appeal to the local Magistrates Court within 21 days of being notified of the refusal of the application. Appeals may not be made if the refusal is because:

• the applicant is under 18 years of age
• the applicant is disqualified for 12 months from holding a licence after a previous licence was revoked
• the applicant, if not a limited company, is not resident in the UK or has not been resident for at least six months prior to the application
• the applicant is a company, they are not incorporated in the UK
• the applicant has been refused an application within the previous 12 months.

Appeals may not be made if the application is refused because:

• the number of establishments in the area are or exceed the number the district council consider appropriate for the area, or
• the grant or renewal of a licence would not be appropriate taking into account the character of the area, the use of the premises and the layout, condition and character of the premises, vehicle, vessel or stall to which the application relates.

Licence Holder Redress

Please contact Boston Borough Council in the first instance. If you wish to make representations about an application you may do so to the borough council. The representations should reach the borough council no later than 28 days after the date of the application.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery).

If that has not worked, if you are located in the UK, Citizens Advice will give you advice.

From outside the UK contact the UK International Consumer Centre.

Other Redress

If you wish to make representations about an application you may do so to Boston Borough Council. The representations should reach the borough council no later than 28 days after the date of the application.

Trade Associations

None

Fee

This licence is renewable every year

The fee is made up of Part A and Part B.  Part A is payable upon application and Part B is payable if the licence is granted and must be paid prior to the licence being issued.  If you wish to pay Part A and B together at the time of application, you may do so.  You are however under no obligation to pay Part B of the fee prior to it the licence being granted.  If you do pay both parts of the fee at the time of application, and then your licence is subsequently refused, Part B will be refunded to you.

1st application

• Part A - £1440.00
• Part B - £240.00
• Total - £1680.00

Renewal application

• Part A - £350.00
• Part B - £235.00
• Total - £585.00

Enquiries

For any enquiries please telephone 01205 314235. A member of the licensing team will normally be available at the Municipal Buildings on weekdays 9am - noon and 2pm - 5pm (4.30pm on Fridays).

Privacy Notice

We are required by law to protect your privacy and inform you how your information may be used. The Licensing team collect your personal information to process and manage your  Licence Application.

Some of your information may be made available on a publicly available register and provided on our website as required by relevant legislation.

The information provided by you may also be used for legitimate reasons by other departments of Boston Borough Council and other lawful agencies.

These reasons may include but are not limited to: prevention of crime, detection of fraud and public safety

In some cases information relating to your applications may be requested under the Freedom of Information Act, this council will review these requests to consider if it is lawful to comply.

The Council takes your privacy seriously.  The Council is the Data Controller for the purposes of the General Data Protection Regulations 2018.

If you want to know more about the information we have about you, or the way we use your information please contact the Council.