Sex establishments

You need a licence to operate a sex establishment in Wigan Borough.

Public

Public register

There is no legal requirement for us to keep a public register of sex establishments. Please contact us if you want to know if a premises is licensed.

Pending applications

No pending applications.

Objecting to an application

You can give written notice (including email) of your objection to an application during the 28 days objection period. You must state the grounds of the objection.

Please Note: Legally the Council cannot consider objections based on moral grounds / values and are bound by the legalities of the national licensing system.  Paragraph 3.23 of the Home Office guidance on licensing for sexual entertainment venues states explicitly “objections should not be based on moral grounds or values and Local Authorities should not consider objections that are not relevant to the grounds set out in Paragraph 12”.

The grounds on which objections can be considered are outlined below:

1. the applicant is unsuitable to hold a licence because they have been convicted of an offence or for any other reason;
2. were the licence to be granted, renewed or transferred, the business to which it relates would be managed or carried on for the benefit of a person other than the applicant, who would have been refused a licence if they had applied themselves;
3. the number of sex establishments or sex establishments of a particular kind in the relevant locality at the time the application is determined is equal to or exceeds the number which the authority consider is appropriate for that locality;
4. the grant or renewal of licence would be inappropriate having regard to:
   1. 1. the character of the relevant locality;
      2. the use to which any premises in the vicinity are put; or
      3. the layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made.

Please contact the Licensing Team if you wish to discuss a pending application.

Trade

Definitions

Sexual entertainment venue

Any premises at which any live performance or live display of nudity is provided. This includes lap dancing, strip shows and similar entertainment.

Sex shop

Any premises used for the business of selling, hiring, exchanging, lending, displaying or demonstrating sex articles, or other things intended for use in connection with sexual activity.

Sex cinema

Any premises used for exhibition of moving pictures which are primarily concerned with portraying sexual activity.

Eligibility criteria:

• At least 18 years-old
• Not disqualified from holding a licence
• Resident in the UK for at least six months immediately before the application or for corporate bodies, be incorporated in the UK
• Not have been refused a licence for the premises in the last 12 months unless it was reversed on appeal.

Application process

You can apply online to the Licensing Section.

You must pay the fee for this licence at the time that you make your application.

You are legally required to advertise notice of your application in the local press and display a notice outside the premises for a specific period of time, giving residents the opportunity to comment by a statutory closing date.

When considering your application, we will look at:

• Your suitability
• Whether you are a ‘front’ for someone else
• The character of the area
• Relevant representations made.

Along with the fire authority we will inspect the premises to make sure that technical standards are met. If work is needed to bring the building up to standard we will let you know and will not issue a licence until all work is satisfactorily completed.

We may carry out further inspections after the licence has been issued to make sure you are complying with the licensing conditions.

Full details on making an application can be found in our Sex Establishment Licensing Policy.

Are there inspections / assessments?

Officers from the Licensing Authority and the Fire Authority will inspect the premises to make sure that technical standards are met.  If works are required to bring the building up to standard we will let you know, and will not issue a licence until all work is satisfactorily completed.

When will I hear from you?

We will contact you within five working days of receiving your application. 

For new applications, we will normally expect to let you know our decision within 60 days of receiving your application. For renewals, as along as there are no objections, we will normally expect to let you know within 30 days.

Will Tacit Consent apply?

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

Failed application redress

Please contact us in the first instance.

You can appeal to Wigan Magistrates Court against a decision.  This must be done within 21 days from receipt of our notice of refusal.

This applies to:

• Application refusal (new, renewal or variation)
• Conditions attached to a licence
• Revocation

The right to appeal does not apply if the refusal was on the grounds that:

• The number of sex establishments in the areas is more than we consider appropriate
• It would be inappropriate considering the character of the area, the nature of other premises in the area or the premises themselves.

You may also appeal to the Crown Court against a decision of a Magistrates' Court.