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 (ii) is repealed by London Local Authorities Act 1990 (c. vii), ss. 3, 5, 18, Sch. 1; and in Sch. 3 para. 3A, as applied otherwise, proviso paras.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)
C3Sch. 3: power to apply with further amendments (including the insertion of a new Sch. 3 para. 3B) conferred on the City of Westminster and on any other borough council (which has resolved that Sch. 3 shall apply to their area with the amendments contained in 1986 c. iv, s. 12) by London Local Authorities Act 2007 (c. ii), s. 33(2)-(7) (coming into force in accordance with ss. 1(4), 3, 33(1)) (as modified (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 4(1)-(6) (with savings in arts. 4(7)-(9))
C4Sch. 3: power to apply with the amendments made by 2009 c. 26, s. 27 (which amendments would otherwise be excluded) conferred (6.4.2010 for E., 8.5.2010 for W.) on a local authority (where that authority has, before the coming into force of 2009 c. 26, s. 27, resolved under s. 2 of this Act that Sch. 3 is to apply to the area of the local authority) by Policing and Crime Act 2009 (c. 26), ss. 27, 116(4), Sch. 3 para. 2; S.I. 2010/722, art. 3(b) (with arts. 4-12); S.I. 2010/1375, art. 3(b)
C5Sch. 3, so far as its provisions have effect by virtue of 1986 c. iv, s. 12, is repealed (with savings) (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 2(1) (with arts. 2(2)-(6))
8[F1(1)]Subject to [F2sub-paragraph (2) and] paragraph 12(1) below, the appropriate authority may grant to any applicant, and from time to time renew, a licence under this Schedule for the use of any premises, vehicle, vessel or stall specified in it for a sex establishment on such terms and conditions and subject to such restrictions as may be so specified.E+W
[F3(2)No term, condition or restriction may be specified under sub-paragraph (1) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005 in respect of the premises, vehicle, vessel or stall.]
Textual Amendments
F1Sch. 3 para. 8(1): Sch. 3 para. 8 renumbered as Sch. 3 para. 8(1) (1.10.2006) by virtue of The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 26(3)(a)(i) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)
F2Words in Sch. 3 para. 8 inserted (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 26(3)(a)(ii) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)
F3Sch. 3 para. 8(2) inserted (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 26(3)(a)(iii) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)
9(1)Subject to paragraphs 11 and 27 below, any licence under this Schedule shall, unless previously cancelled under paragraph 16 [F4or 27A below] or revoked under paragraph 17(1) below, remain in force for one year or for such shorter period specified in the licence as the appropriate authority may think fit.E+W
(2)Where a licence under this Schedule has been granted to any person, the appropriate authority may, if they think fit, transfer that licence to any other person on the application of that other person.
Textual Amendments
F4Words in Sch. 3 para. 9(1) inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(4), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)
10(1)An application for the grant, renewal or transfer of a licence under this Schedule shall be made in writing to the appropriate authority.E+W
(2)An application made otherwise than by or on behalf of a body corporate or an unincorporated body shall state—
(a)the full name of the applicant;
(b)his permanent address; and
(c)his age.
(3)An application made by a body corporate or an unincorporated body shall state—
(a)the full name of the body;
(b)the address of its registered or principal office; and
(c)the full names and private addresses of the directors or other persons responsible for its management.
(4)An application relating to premises shall state the full address of the premises.
(5)An application relating to a vehicle, vessel or stall shall state where it is to be used as a sex establishment.
(6)Every application shall contain such particulars as the appropriate authority may reasonably require in addition to any particulars required under sub-paragraphs (2) to (5) above.
(7)An applicant for the grant, renewal or transfer of a licence under this Schedule shall give public notice of the application.
(8)Notice shall in all cases be given by publishing an advertisement in a local newspaper circulating in the appropriate authority’s area.
(9)The publication shall not be later than 7 days after the date of the application.
(10)Where the application is in respect of premises, notice of it shall in addition be displayed for 21 days beginning with the date of the application on or near the premises and in a place where the notice can conveniently be read by the public.
(11)Every notice under this paragraph which relates to premises shall identify the premises.
(12)Every such notice which relates to a vehicle, vessel or stall shall specify where it is to be used as a sex establishment.
(13)Subject to sub-paragraphs (11) and (12) above, a notice under this paragraph shall be in such form as the appropriate authority may prescribe.
[F5(14)A copy of an application for the grant, renewal or transfer of a licence under this Schedule shall be sent to the chief officer of police—
(a)in a case where the application is made by means of a relevant electronic facility, by the appropriate authority not later than 7 days after the date the application is received by the authority;
(b)in any other case, by the applicant not later than 7 days after the date of the application.]
[F5(14A)In sub-paragraph (14) above “relevant electronic facility” means—
(a)the electronic assistance facility referred to in regulation 38 of the Provision of Services Regulations 2009, or
(b)any facility established and maintained by the appropriate authority for the purpose of receiving applications under this Schedule electronically.]
(15)Any person objecting to an application for the grant, renewal or transfer of a licence under this Schedule shall give notice in writing of his objection to the appropriate authority, stating in general terms the grounds of the objection, not later than 28 days after the date of the application.
(16)Where the appropriate authority receive notice of any objection under sub-paragraph (15) above, the authority shall, before considering the application, give notice in writing of the general terms of the objection to the applicant.
(17)The appropriate authority shall not without the consent of the person making the objection reveal his name or address to the applicant.
(18)In considering any application for the grant, renewal or transfer of a licence the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and any objections of which notice has been sent to them under sub-paragraph (15) above.
(19)The appropriate authority shall give an opportunity of appearing before and of being heard by a committee or sub-committee of the authority—
(a)before refusing to grant a licence, to the applicant;
(b)before refusing to renew a licence, to the holder; and
(c)before refusing to transfer a licence, to the holder and the person to whom he desires that it shall be transferred.
(20)Where the appropriate authority refuse to grant, renew or transfer a licence, they shall F6... give him a statement in writing of the reasons for their decision F7....
Textual Amendments
F5Sch. 3 para. 10(14)(14A) substituted for Sch. 3 para. 10(14) (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 47(2) (with regs. 2, 5)
F6Words in Sch. 3 para. 10(20) omitted (28.12.2009) by virtue of The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 47(3)(a) (with regs. 2, 5)
F7Words in Sch. 3 para. 10(20) omitted (28.12.2009) by virtue of The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 47(3)(b) (with regs. 2, 5)
11(1)Where, before the date of expiry of a licence, an application has been made for its renewal, it shall be deemed to remain in force notwithstanding that the date has passed until the withdrawal of the application or its determination by the appropriate authority.E+W
(2)Where, before the date of expiry of a licence, an application has been made for its transfer, it shall be deemed to remain in force with any necessary modifications until the withdrawal of the application or its determination, notwithstanding that the date has passed or that the person to whom the licence is to be transferred if the application is granted is carrying on the business of the sex establishment.