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 (ii) is repealed by London Local Authorities Act 1990 (c. vii), ss. 3, 5, 18, Sch. 1; and in Sch. 3 para. 3A, as applied otherwise, proviso paras.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)
28(1)Without prejudice to any other enactment it shall be lawful for any person who—E+W
(a)was using any premises, vehicle, vessel or stall as a sex establishment immediately before the date of the first publication under subsection (2) of section 2 above of a notice of the passing of a resolution under that section by the local authority for the area; and
(b)had before the appointed day duly applied to the appropriate authority for a licence for the establishment,
to continue to use the premises, vehicle, vessel or stall as a sex establishment until the determination of his application.
(2)In this paragraph and paragraph 29 below “the appointed day”, in relation to any area, means the day specified in the resolution passed under section 2 above as the date upon which this Schedule is to come into force in that area.
29(1)This paragraph applies to an application for the grant of a licence under this Schedule made before the appointed day.E+W
(2)A local authority shall not consider any application to which this paragraph applies before the appointed day.
(3)A local authority shall not grant any application to which this paragraph applies until they have considered all such applications.
(4)In considering which of several applications to which this paragraph applies should be granted a local authority shall give preference over other applicants to any applicant who satisfies them—
(a)that he is using the premises, vehicle, vessel or stall to which the application relates as a sex establishment; and
(b)that some person was using the premises, vehicle, vessel or stall as a sex establishment on 22nd December 1981; and
(c)that—
(i)he is that person; or
(ii)he is a successor of that person in the business or activity which was being carried on there on that date.