Sex establishments policy for sexual entertainment venues – Schedule A

Regulations for sex establishments “sexual entertainment venues only”

Reading Borough Council, in exercise of the powers conferred upon them by Paragraph 13 of Schedule 3 to the Local Government (Miscellaneous Provisions) Act, 1982 and of all other powers enabling them in that behalf, make the following Regulations:-

1. (i)      In these Regulations the following expressions, that is to say: “Sexual Entertainment Venue” shall have the meanings respectively assigned to them by Schedule 3 of the Act;

(ii)     In these Regulations the following expressions shall have the meanings hereby respectively assigned to them, namely:-

“The Act”                             means the Local Government (Miscellaneous Provisions) Act 1982 as amended

“The Council”                       means Reading Borough Council “Licensed premises”                            means any premises, vehicle, vessel or

stall licensed under the Act

“Licence holder”                   means a person who is the holder of a

sex establishment licence

“Permitted hours”                means the hours during which the

licensed premises are permitted under Regulations 2 to be open to the public

“Sex Establishment Licence” means a licence granted pursuant to

Schedule 3 of the Act

“General provision”              means the council has the right to

amend or delete conditions if deemed appropriate

2. The permitted hours of opening, unless varied by special conditions, shall be as follows:-

Monday 0900hrs until 0400hrs
Tuesday 0900hrs until 0400hrs
Wednesday 0900hrs until 0400hrs
Thursday 0900hrs until 0400hrs
Friday  0900hrs until 0600hrs
Saturday 0900hrs until 0600hrs
Sunday 0900hrs until 0400hrs

3. The licensed premises shall not be used for any purpose other than the business of a Sexual Entertainment Venue. Should an operator wish to operated the premises under the Licensing Act 2003 or for other purposes, Written permission shall be required from the council seven days prior to the proposed change.

4. The licensed premises shall not be open for the purposes for which the sex establishment licence is granted on any occasion when the Council may signify in writing to the licence holder, occupier, or other person having at the time the care and management of the premises, that the same should not be open.

5. No person who is under the age of 18 or is known by the licence holder or any servant or agent of his presence on the licensed premises to be under that age shall be admitted to or shall be permitted to remain on the licensed premises.

6. The licence holder:-

• shall display a copy of the sex establishment licence and of these conditions, together with any special conditions imposed by the Council on the licensed premises in a conspicuous position at the entrance to the premises;
• shall exhibit on the premises, such notices in such form and in such position as may be prescribed;
• shall comply with any prescribed restrictions with respect to the exhibiting of other written matter or of signs of any description on the licensed premises.

7. No facilities shall be provided in a Sexual Entertainment Venue to view recordings or broadcasts which contain nudity and sexual Acts.

8. All forms of regulated entertainment and the sale of alcohol shall be carried out under the authorisation of a premises licence issued by the Local Authority under Licensing Act 2003.

9. The licence holder shall exhibit on the exterior of the licensed premises, in a position visible to persons outside the premises, a notice, in not more than one place, in characters not exceeding three inches in height and consisting only of the words “Sexual Entertainment Venue licensed by Reading Borough Council” and such indication, if any, as he thinks fit to give, of the times at which the licensed premises are open. No other notices, unless pursuant to these Regulations, may be exhibited.

10. The name of the licence holder or persons responsible for the premises during opening times shall be kept in a register detailing the periods of time he or she is responsible.

11. The licence holder shall exhibit in a prominent and in an approved manner and in some conspicuous place inside the licensed premises and at all points of access to the licensed premises, a notice stating that persons under the age of 18 years are not admitted thereto. Should the premises operate a proof of age scheme with an older age, That age shall be in the notice

12. The licence holder shall not display any matter which does not comply with the Indecent Displays (Control) Act 1981.

13. The licence holder shall not permit any person other than persons employed by him, his servant or agent, statutory undertakers or, if applicable, his landlord to enter upon any part of the premises which are not available to the general public

14. The licence holder shall not display any advertisement, which is visible to persons outside the premises, except as permitted by these Regulations or under the Act.

15. The licence holder shall ensure, that the interior of the Sexual Entertainment Venue shall not be visible to persons outside the premises.

16. The Council shall approve the design and materials used for both the exterior and interior of the licensed premises, which shall be kept in good repair and condition.

17. No illuminated signs or exterior lights shall be affixed to the licensed premises unless approved by the Council.

18. (i)      The licence holder shall not knowingly allow the licensed premises to be the habitual resort of a reputed prostitute or the habitual resort or meeting place of reputed prostitutes whether the objective of their so resorting or meeting is or is not prostitution;
(ii) The licence holder shall not knowingly permit drunken or disorderly persons to assemble or remain on the licensed premises;
(iii) The licence holder shall not tout or permit touting for business.

19. If the Council notifies the licence holder or occupier or other person having at the time, the care and management of the premises, in writing by delivering notice at the licensed premises that any poster, advertisement or matter shall not be displayed, then the licence holder, occupier or other person having at the time the care and management of the premises shall forthwith cease to display, the said item.

20. The licence holder shall comply with the regulatory reform (Fire Safety) order 2005 (RRO). Under the “Order”, the responsible person is required to ensure a Fire Risk Assessment is undertaken by a competent person and the findings of the Fire Risk Assessment are acted upon.

21. The number, size and position of all doors or openings provided for the purpose of egress of the public, shall be to the satisfaction of the Council and shall comply with the following requirements:-

(i) All such doors or openings approved by the Council shall be clearly indicated on the inside by the word “Exit”;
(ii) Doors and openings, other than exits, which lead to parts of the premises to which the public are not permitted to have access shall have notices placed over them marked “Private”;
(iii) No access shall be permitted through the premises to any other premises adjoining or adjacent;
(iv) The external doors of the licensed premises shall be fitted with self- closing mechanisms and such mechanisms shall be maintained in good order. No external door shall be fixed in the open position at any time during the permitted hours.

22. Applicants for the grant, renewal or transfer of a Sexual Entertainment Venue licence shall make their application on the form approved from time to time by the Council, returnable to the Head of Environmental and Consumer Services, together with the approved fee (where a sex establishment licence is required). A copy of the application in all cases shall be sent to the Chief Constable of Thames Valley Constabulary, not later than seven days after the date of the application to the Council.

23. Applicants for the grant, renewal or transfer of a Sexual Entertainment Venue licence shall, advertise by notice their application in the form approved by the Council and by publishing the advertisement in a local newspaper circulating in the Borough of Reading, not later than seven days after the date of the application that they have made to the council. A copy of the advertisement as published and a certificate as to the date of publication shall be lodged with the Council forthwith.

24. Applicants for the grant, renewal, or transfer of a Sexual Entertainment Venue licence shall display a notice in the form approved by the Council. The notice shall be displayed at the premises to be licensed for twenty-one days beginning with the date of the application to the Council and in a place where the notice can be inspected and conveniently read by the public from outside the premises.

25. A constable or an authorised officer of the Council may at any reasonable time enter and inspect any premises in respect of which a sex establishment licence is for the time being in force.

26. (i)      The licence holder or some responsible person, nominated by him in writing shall be in attendance at the licensed premises at all such times as the premises are open to the public. Any person nominated In writing shall produced to any constable or authorised officer of the Council a copy of the authorisation.

(ii)     All employees or persons having care and management of the licensed premises at any time shall be readily identifiable as such. The licensee shall maintain a register in which he shall record each day the name and address of the person responsible for managing the premises from time to time and the names and addresses of those employed in the business. The register is to be completed each day and is to be open for inspection by any constable or authorised officer of the Council.

Conditions of licence relating to the provision of lap dancing, table dancing, table side dancing and any relevant entertainment involving striptease and/or nudity at a sexual entertainment venue

1. Total nudity (the exposing of genitals) shall only be permitted in a designated area and at no other place in the premises.

2. No sex act shall take place.

3. The area proposed for striptease (involving complete nudity) shall:-

(i) Be in a position where the performance cannot be seen from the street.
(ii) Be in a designated area of the premises with segregation from the audience.
(iii) Be in a position where the performers will have direct access to the dressing room without passing through or in close proximity to the audience.

4. Performers shall be aged not less than 18 years.

5. No dancer shall perform if they are intoxicated.

6. There shall be no physical contact between persons appearing on stage and the audience. The entertainment shall be given only by performers/entertainers and the audience shall not be permitted to participate.

7. No performance shall involve the use of sex articles (as defined in the Local Government (Miscellaneous Provisions) Act 1982.

8. The area proposed for lap dancing, tableside dancing (involving partial nudity), shall be in a position where the performance cannot be seen from the street.

9. Entertainers providing topless dancing to customers seated at tables shall at all times wear a G-string or similar piece of clothing that covers the appropriate part of the body and at no time will reveal any part of their genitalia or anus.

10. Lap dancers/table side dancers must immediately dress at the conclusion of each performance.

11. Whilst the dancers are performing there shall be a minimum distance of 50 centimetres between the dancer and the seated customers. Notices to this effect shall clearly be displayed at each table and at the entrance to the premises.

12. The licensee, performer and any person concerned in the organisation or management of the entertainment shall not encourage, or permit encouragement of the audience to throw money at or otherwise give gratuities to the performers.

13. There shall be no physical contact between customers and the dancers except for the placing of money or tokens into the hands of the dancer at the beginning or conclusion of the performance.

14. Should a customer attempt to touch a dancer, the dancer must withdraw and report the matter to her/his manager/supervisor.

15. The Licensee shall record details and deal with any report of contact, misconduct or provocation by a customer or dancer. A record of the actions taken shall be kept in an incident book

16. No telephone number, address or information leading to any further meeting shall be passed from customer to dancer or vice versa.

17. No member of the public shall be admitted or allowed to remain in the dance area if they appear to be intoxicated.

18. All members of the public shall remain seated in the dance area other than when they arrive, depart, visit the toilet or go to the bar.

19. The premises must ‘risk assess’ the need for door staff, all door staff working on the premises shall be registered with the Security Industry Authority (SIA).

(i) Digital CCTV shall be installed to cover all areas where dancing will take place. All cameras shall continually record whilst the premises are open to the public and the video recordings shall be kept available for a minimum of 28 days with time and date stamping.
(ii) Recordings shall be made available to an authorised officer of the Council or a Police Officer
(iii) Facilities for viewing recording shall be available on site to an authorised officer of the council or police.
(iv) No person shall take any recordings or photographs of the authorised entertainment. Notices to this effect shall be clearly displayed at each table.

21. Whilst the agreed activities are taking place, no person under the age of 18 shall be allowed on to that part of the premises.

22. A national recognised proof of age scheme shall be in force at all times the premises are open to the public. A clear notice shall be displayed at each entrance to the premises in a prominent position so that it can be easily read by persons entering the premises on the following terms:-

“No person under 18 years will be admitted”.

Should the premises operate a proof of age scheme with an older age, That age shall be in the notice).