Part III

Control of sex shops and sexual entertainment venues

Licensing of sexual entertainment venues
45B
1
A local authority may resolve that Schedule 2 (as modified for the purposes of this section) is to have effect in their area in relation to sexual entertainment venues.
2
If a local authority passes a resolution under subsection (1), Schedule 2 (as so modified) has effect in their area from the day specified in the resolution.
3
The day mentioned in subsection (2) must not be before the expiry of the period of one year beginning with the day on which the resolution is passed.
4
A local authority must, not later than 28 days before the day mentioned in subsection (2), publish notice that they have passed a resolution under this section.
5
The notice must—
a
state the general effect of Schedule 2 (as modified for the purposes of this section), and
b
be published electronically or in a newspaper circulating in the local authority's area.
6
For the purposes of this section, paragraphs 1 and 3 to 25 of Schedule 2 apply with the following modifications—
a
references to a sex shop are to be read as references to a sexual entertainment venue,
b
references to the use by a person of premises, vehicles, vessels or stalls as a sexual entertainment venue are to be read as references to their use by the organiser,
c
in paragraph 1—
i
in sub-paragraph (b)—
A
the word “or” immediately following paragraph (i) is omitted,
B
paragraph (ii) is omitted, and
ii
sub-paragraph (c) is omitted,
d
in paragraph 7—
i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
after sub-paragraph (3) insert—
3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3C
The applicant must also, not later than 7 days after the date of the application—
a
send a copy of the application to each person or body listed in the local authority's determination under sub-paragraph (3D), and
b
submit to the local authority a certificate stating that the applicant has complied with this sub-paragraph.
3D
For the purposes of sub-paragraph (3C), a local authority must—
a
from time to time determine the persons or bodies who must receive a copy of the application, and
b
publicise the determination in such manner as they consider appropriate.
,
e
in paragraph 9—
i
in sub-paragraph (5)(c)—
A
after the word “in” insert
“ the local authority's area or ”
,
B
after the word “for” insert
“ their area or ”
,
ii
after sub-paragraph (5) insert—
5A
For the purposes of sub-paragraph (5)(c), a local authority must—
a
from time to time determine the appropriate number of sexual entertainment venues for their area and for each relevant locality, and
b
publicise the determination in such manner as they consider appropriate.
,
iii
after sub-paragraph (6) insert—
6A
A local authority may refuse an application for the grant or renewal of a licence despite the fact that a premises licence under Part 3 of the Licensing (Scotland) Act 2005 is in effect in relation to the premises, vehicle, vessel or stall to which the application relates.
,
f
in paragraph 12(2)(b), for “shorter” substitute
“ other ”
,
g
in paragraph 19(1)(e), for the words from “without” to the end of paragraph (e) substitute “knowingly permits any person under the age of 18 to enter the sexual entertainment venue—
i
at a time when sexual entertainment is being provided, or
ii
without reasonable excuse, at any other time,”, and
h
in paragraph 25, in each of sub-paragraphs (1)(a) and (2), for “45” substitute
“ 45B ”
.
7
In carrying out functions conferred by virtue of this section, a local authority must have regard to any guidance issued by the Scottish Ministers.
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Ss. 45A-45C inserted (1.12.2015 for the insertion of s. 45A for specified purposes, 26.4.2019 in so far as not already in force) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 76(3), 88(2); S.S.I. 2015/382, art. 2, sch.; S.S.I. 2019/99, art. 2(1)(b) (with art. 3)
Pt. 3 title substituted (26.4.2019) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 76(4), 88(2); S.S.I. 2019/99, art. 2(1)(b) (with art. 3)
S. 45B(6)(d)(i) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 31(4)(a), 59(1)
Words in s. 45B(6)(d)(ii) repealed (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 31(4)(b), 59(1)