App. No:
	RecNo/Date:	Licence No

KIRKLEES COUNCIL
LICENSING DEPARTMENT

APPLICATION FOR
GRANT/RENEWAL/TRANSFER
OF A SEX ESTABLISHMENT LICENCE

Full Name of Applicant: ___________________________________________________________

Address of Premises (or details of where a vehicle, vessel or stall is to be operated from)

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________

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

KIRKLEES COUNCIL LICENSING DEPARTMENT

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
APPLICATION FOR A LICENCE TO USE ANY PREMISES, 
VEHICLE, VESSEL OR STALL AS A SEX ESTABLISHMENT

The Applicant

1.	Is the application being made by:-

(a)	An individual							(a)
(b)	A Partnership or other Unincorporated Body		(b)
(c)	A Body Corporate						(c)

2.	Give the full name of the applicant (i.e. the individual, Body Corporated or Unincorporated Body to whom the licence is to be issued).  If the applicant is an individual any former names must also be given

3.	Give the following information on behalf of the applicant: 

	(a)	Telephone number (during normal office hours)		(a)
	(b)	Address to which communications are to be sent	(b)

4.	Give the applicant’s permanent address (if an individual) or registered or principal office (of a Body Corporated or an Unincorporated Body)

5.	If the applicant is an individual the following information is to be supplied:-

(i) 	Date of Birth		(i)
(ii)	Place of Birth		(ii)
(iii)	Height			(iii)

6.	If the applicant is a Body Corporated or an Unincorporated Body complete the table in respect of each of the Directors, the Company Secretary or other persons responsible for the management of the Body.  In the case of a Partnership detail of all the partners must be given

Forename	Surname	Former name
(if any)	Address	Capacity	Date of Birth	Place of Birth	Height	

							

	

7.	Complete the table below in respect of each of the individuals whose names are given in response to questions 2 and 6 above

Name	Date became resident in United Kingdom	Address of permanent residence preceding this application	

			

8.	This question need only be answered where the applicant is a Company:-

(i)	Is the application a wholly or partly	(i)
owned subsidiary of another company	

(ii)	What type of Company is the applicant 	(ii)
(E.g. public, private, Limited by share	
	or guarantee etc?)			

(iii)	In which Country is the Company		(iii)
	incorporated?

(iv)	What is the date of incorporation of	(iv)
	the Company?

(v)	Give a full list of names, addresses and 	holdings of shareholders holding 5% or 
more of the issued share capital and the number of remaining shareholders

Name(s)			Address (es)			Shareholding

(vi)	If the applicant is a subsidiary of another company supply a copy of the memorandum and Articles of Association of the parent company and of any ultimate holding Company and on a separate sheet give the same particulars as are sought in questions 4, 6, 7 and 8 (i to v)

9.	Is the applicant or any person whose name is given in response to questions 6 or 8 concerned in any way financially or otherwise with any other business which controls, manages or supplies sex establishments?

10.	If the answer to question 9 is “yes” give the names of persons concerned, full details of the other business and the nature and extent of the connection

11.	What is the nature of the applicant’s interest in the premises?  Please state whether it is:-

(i)	freehold or	(i)
(ii)	leasehold	(ii)

12.	If the applicant’s interest in the premises is a leasehold one please state

(i)	Where a head lease or an underlease	          (i)

(ii) (a)	The name and address of the landlord	          (ii) (a)

     (b)	The name and address of the superior 	                (b)
	Landlord (where applicable)

(iii)	The amount of the annual rental or 	           (iii)
where this is not a certain figure 
described the method of calculating 
the rental

	(iv)	The length of the unexpired term		           (iv)

	(v)	The length of notice required to
                      terminate the tenancy                                         (v)

13.	Has the applicant a financial interest in the business which is the subject of this application?  If “yes” to what extent?

14.	Is the whole of the business owned by the applicant?

The Premises, vehicle, vessel or stall to be the subject of a licence

15.	Is the application in respect of:-

(a)	A sex shop; or
(b)	A sex cinema
(c)	A sex encounter establishment

16.	State whether the application is in respect of:-

(a)	Premises		(a)
(b)	Vehicle		(b)
(c)	Vessel		(c)
(d)	Stall			(d)

17.	Where the licence is sought in respect of a vehicle, vessel or stall, state where it is to be used as a sex establishment

18.	Where the licence is sought in respect of premises give the full address of the premises in respect of which the licence is sought

19.	Are the whole of the premises described in response to question 18 above to be used under the licence

20.	If the answer to question 19 above is “no” please state

(vi)	Which part of the premises is to be used for the purposes		(i)
of the licence

	(ii)	The use to which the remainder of the premises are put		(ii)

	(iii)	The names of those who are responsible for the management	(iii)
		of the remainder of the premises.

21.	Are the premises which are to be used for the purposes of the licence so constructed or adapted as to the permit access to and from the premises for members of the public who are disabled?

22.	If the answer to question 21 above is “no” please state (on separate sheet) the applicant’s proposals or affording such access

23.	Are the premises, vehicle, vessel or stall in 		YES/NO
use as a sex establishment at the date of this	           Name
application?  If “yes” give the name and 
address of the persons or body who now		 Address
operate the business, and (where it is known)
the date upon which the premises were first
used as such						            Date

24.	Where the premises, vehicles, vessel or stall 	         YES/NO
	in use as a sex establishment on 22 
December 1981?   If “yes” give the name of 		Name
Person carrying on the business at the date		Address

The Business

24.	Under what name is or will the business be known

26.	Has the applicant in connection with the business entered into any 		YES/NO
Agreement or Deed other than the Tenancy Agreement or lease?  
If “yes” please supply full details and a copy of the Agreement

27.	If the whole of the business is not owned by the applicant state the names and addresses of those who will share in the profits of the business.  In each case state the percentage share to be taken by each individual.

28.	(a)	State the total turnover of the business during the 		(a) 
12 months immediately prior to this application.

	(b)	State what proportion of the turnover derived from the following:		           

(i)	The sale, hire, exchange, loan, display or 		(i)
demonstration of sex articles as defined  
in paragraph 4 of Schedule 3 of the Local
Government (Miscellaneous Provision)
Act 1982.

		(ii)	The use of premises as a sex cinema			(ii)

		(iii)	The use or premises as a sex encounter 		(iii)

29.	(a)       State the anticipated turnover of the business for the next 12 months (a)

	(b)	The proportion of the turnover expected to be derived from the following:		 

		(i)	The sale, hire, exchange, loan, display or demonstration        (i)
of sex articles as defined in paragraph 4 of Schedule 3 
of the Local Government (Miscellaneous Provision)
Act 1982:
and
		
(ii)	The use of premises as a sex cinema			           (ii)

(iii)	The use of premises as a sex encounter establishment          (iii)

30.	Give the names and addresses of any lenders, mortgagees or other providing finance with the full terms of such loans

31.	Is the business required to purchase merchandise from a particular company, person or body?  If “yes” supply a copy of any Agreement and state what is to purchase and from whom

Separation of the Business

32.	If the application is for a licence for a sex shop state whether any part of displaying films, video recordings or other moving pictures.  If “yes” state whether cubicles are to be used for viewing and if so how many

33.	What articles are to be offered for sale?

34.	If the application is for a licence for a sex encounter establishment state the proposed use of the premises and give a short description of the type of proposed performance, service, entertainment or exhibition for which a licence is required

35.	What advertisements or displays are to be exhibited?  Please indicate size(s) of proposed displays or advertisements

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

37.	Give details of the times during which it is proposed to open the premises:-

(i)	Days of the week		(i)

(ii)	Hours of the day 		(ii)

38.	In respect of each individual who is to be responsible for the management of the premises in the absence of the licence holder please supply the following details:-

Forename	Surname	Former name 
(if any)	Permanent address	Date on which became Resident in UK	Date of Birth	Place of Birth	Height	

							

	
39.	In respect of each of the persons whose names are given in response to questions
2, 6, 8 and 38 give details of their occupations during the 5 years immediately prior to this application.  These must include the names and address of all employers and the nature and dates of employment

Forename	Surname	Former name 
(if any)	Permanent Address during period of relevant employment	Employers name and address	Description of nature of work	Period of employ-ment from/to	

							

DETAILS OF PREVIOUS CONVICTIONS, DISQUALIFICATION’S ETC.

40.	In respect of each of the persons or bodies whose names are given in response to questions 2, 6, 8 and 38 give details of their previous convictions and of any previous convictions of any of their spouses:-

Forename	Surname	Former name 
(if any)	Date of Conviction	Place of Conviction	Nature of Offence	Sentence	

							

41.	Have you any reason to believe that a prosecution may be pending		YES/NO	
	against any of the persons or bodies whose names are given in 
	response to questions 2, 6, 8 and 38? If “yes” give details.

42.	Has any person named at any place in this application been 			YES/NO
association in any way with any other application for a licence for 
a sex establishment either in Kirklees or elsewhere? If “yes” give 
full details (including the address of the premises).

43.	Is there in force against the applicant or any of the persons whose 		YES/NO
names appear in answer to questions 6, 8, 38 and 40 a disqualification
from holding a licence for a sex establishment under the Local 
Government (Miscellaneous Provision) Act 1982

______________________________________________________________________________

44.	Is there any further information which the applicant would wish the Council to take into account when considering this application?  This space may also be used to amplify any replies to other questions. 
Notice for publication in the newspaper

KIRKLEES COUNCIL
LICENSING DEPARTMENT

NOTICE OF APPLICATION FOR A SEX ESTABLISHMENT LICENCE

APPLICATION HAS TODAY BEEN MADE TO KIRKLEES COUNCIL
IN ACCORDANCE WITH PARAGRAPH 10(10) OF THE THIRD SCHEDULE OF THE
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 FOR GRANT / RENEWAL
OF A SEX SHOP LICENCE IN RESPECT OF THE FOLLOWING PREMISES:

Name of Applicant:   ....………….………….…………………………………………………………...

Address of Premises: ……………………………………………………………………………………		
…………………………………………………………………………………………………………………

……………………………………………………….............................................................................					

Dated this ……………………….…………… day of ……….……………………………….. 20……..

======================================================================

ANY OBJECTIONS TO THIS APPLICATION SHOULD BE MADE NOT
 LATER THAN 28 DAYS AFTER THE DATE HEREON IN WRITING TO THE:

Licensing Manager
Kirklees Council, 
Licensing Department, 
Flint Street Depot, 
Flint Street, 
Huddersfield, 
HD1 6LG 
Tel: 01484 456868

STATING IN GENERAL TERMS THE GROUNDS OF ANY OBJECTIONS

Notice for display on/near premises

KIRKLEES COUNCIL
LICENSING DEPARTMENT

NOTICE OF APPLICATION FOR A SEX SHOP LICENCE

APPLICATION HAS TODAY BEEN MADE TO KIRKLEES COUNCIL
IN ACCORDANCE WITH PARAGRAPH 10(10) OF THE THIRD SCHEDULE OF THE
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 FOR GRANT / RENEWAL
OF A SEX SHOP LICENCE IN RESPECT OF THE FOLLOWING PREMISES:

Name of Applicant: 		…………………………………………………………………………….

			
Address of Premises: …………………………………………………………………………………...
				
……………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………

Signature of Applicant:  ………………………………………………………………………………….

Dated this:   ……………….…………… day of ………………………………. 20……………………….

======================================================================

ANY OBJECTIONS TO THIS APPLICATION SHOULD BE MADE NOT
 LATER THAN 28 DAYS AFTER THE DATE HEREON IN WRITING TO THE:

Licensing Manager
Kirklees Council,
Licensing Department,
Flint Street Depot,
Flint Street,
Huddersfield,
HD1 6LG
Tel: 01484 456868

STATING IN GENERAL TERMS THE GROUNDS OF ANY OBJECTIONS

APPLICANTS ARE WARNED 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 TWENTY THOUSAND POUNDS (£20,000)

Declaration

I ……………………………………………………declare that the information given above is true and 

complete in every respect.

Dated this ………………………………………..day of ……………………………………… 20………..

Signature: 

………………………………………………………………………………………………………………..
Designation of Signatory: 
………………………………………………………………………………………………

This application should be completed in full and accompanied by the relevant documents (see pages below) and returned to:

Kirklees Council, Licensing Department, Flint Street Depot, Flint Street, Huddersfield, HD1 6LG Tel: 01484 456868

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

Please note the Application must be accompanied by the following documents:

1.	In respect of individual applicant and each of those named in response to questions 6, 8 and 38 a birth certificate.

2.	5 copies of a passport size photograph in respect of the applicant (if an individual) and each of those whose names appear in response to questions 6 and 38.  The photographs are to be dated, bear the name in block capitals of the person whose likeness it bears, and be signed by the person making the above Declaration.

3.	A site plan scale 1,1250.

4.	Scale plans of the premises (1:50) in respect of which the licence is sought showing (interalia) all means of ingress and egress to and from the premises lie in relation to the street.

5.	Drawings showing the front elevation as existing and as proposed (1.50).

6.	Duly certified copies of the documents of title (i.e. land certificate, lease, and rental agreements) and of any other agreements referred to in response to questions in this application.

7.	Where the business is conducted by or on behalf of a Body Corporate or Unincorporated Body a certified copy of the Resolution authorising the application.

8.	Where the business is carried on by on behalf of partners the written authority for an application of those partners who are not themselves applicants.

9.	If the applicant is a company, copies of the Memoranda and Articles of Association of the company, the parent company and any ultimate holding company.

10.	If the applicant is being made on behalf of a Partnership a certified copy of the Partnership Deed.

11.	The fee (see separate fee sheet).  In the case of news vendors trading from a pitch or stall, who as part of their business sell sex magazines, please contact for fee payable.  No refund will be made where an application is refused.

12.	Further to question 28 on the first from the applicant must supply one set of audited accounts of the business for the two complete trading years immediately preceding the date of the application.

Please note that before the application can be considered the following additional documents will have to be supplied 

A complete copy of the newspaper circulating in the Council’s area in which notice of the application has been published in accordance with paragraph 10(8) of the Third Schedule of the Local Government (Miscellaneous Provision) Act 1982 as amended.  Photostat copies of the newspaper will not be accepted.  Copies of the forms of notice to be used in the newspaper advertisement and for display upon premises have been prescribed by the Council and may be obtained from Public Protection Service, Licensing Department, Flint Street Depot, Flint Street, Huddersfield, HD1 6LG Tel: 01484 456868

A.	 (Attached also).

B.	Evidence of the due service of the Notice of Application upon the Chief Officer of Police as required by paragraph 90(14) of the Third Schedule of the Local Government (Miscellaneous Provisions) Act 1982 as amended.  A copy of the application including a copy of all the enclosures and an additional two photographs as described in note 2 above must be sent to the Chief Officer of Police not later than seven days after the date of application.

C.	Evidence of Affidavit that the Notice of Application has been displayed on or near the premises as required by paragraph 10(10) of the Third Schedule of the Local Government (Miscellaneous Provisions) Act 1982 as amended.