Modifications etc. (not altering text)
C1Sch. 3 applied (24.7.1996) by City of Westminster Act 1996 (c. viii), s. 3(1)
Sch. 3: functions of local authority not to be the responsibility of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
C2Sch. 3: power to apply with amendments (including the insertion of a new Sch. 3 para. 3A) conferred on a borough council (which has resolved, in accordance with s. 2 of this Act, that Sch. 3 shall apply to their area) by Greater London Council (General Powers) Act 1986 (c. iv), s. 12(1)(4) (coming into force in accordance with s. 12(2)(3)); and in Sch. 3 para. 3A, as applied by a participating council, proviso para. (ii) is repealed by London Local Authorities Act 1990 (c. vii), ss. 3, 5, 18, Sch. 1; and in Sch. 3 para. 3A, as applied otherwise, proviso paras. (i)(ii) are substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 85(3) (with ss. 2(3), 15(2), 195, Sch. 8 para. 32); S.I. 2005/3056, art. 2(2)
6(1)Subject to the provisions of this Schedule, no person shall in any area in which this Schedule is in force use any premises, vehicle, vessel or stall as a sex establishment except under and in accordance with the terms of a licence granted under this Schedule by the appropriate authority.E+W
(2)Sub-paragraph (1) above does not apply to the sale, supply or demonstration of articles which—
(a)are manufactured for use primarily for the purposes of birth control; or
(b)primarily relate to birth control.
7(1)Any person who—E+W
(a)uses any premises, vehicle, vessel or stall as a sex establishment; or
(b)proposes to do so,
may apply to the appropriate authority for them to waive the requirement of a licence.
(2)An application under this paragraph may be made either as part of an application for a licence under this Schedule or without any such application.
(3)An application under this paragraph shall be made in writing and shall contain the particulars specified in paragraph 10(2) to (5) below and such particulars as the appropriate authority may reasonably require in addition.
(4)The appropriate authority may waive the requirement of a licence in any case where they consider that to require a licence would be unreasonable or inappropriate.
(5)A waiver may be for such period as the appropriate authority think fit.
(6)Where the appropriate authority grant an application for a waiver, they shall give the applicant for the waiver notice that they have granted his application.
(7)The appropriate authority may at any time give a person who would require a licence but for a waiver notice that the waiver is to terminate on such date not less than 28 days from the date on which they give the notice as may be specified in the notice.