Office of Public Sector Information

Powers of constables and local authority officers

24If a constable has reasonable cause to suspect that a person has committed an offence under paragraph 20 or 23 above, he may require him to give his name and address, and if that person refuses or fails to do so, or gives a name or address which the constable reasonably suspects to be false, the constable may arrest him without warrant.

25(1)A constable may, at any reasonable time, enter and inspect any sex establishment in respect of which a licence under this Schedule is for the time being in force, with a view to seeing—

(i)whether the terms, conditions or restrictions on or subject to which the licence is held are complied with;

(ii)whether any person employed in the business of the establishment is disqualified from holding a licence under this Schedule;

(iii)whether any person under 18 years of age is in the establishment; and

(iv)whether any person under that age is employed in the business of the establishment.

(2)Subject to sub-paragraph (4) below, a constable may enter and inspect a sex establishment if he has reason to suspect that an offence under paragraph 20, 21 or 23 above has been, is being, or is about to be committed in relation to it.

(3)An authorised officer of a local authority may exercise the powers conferred by sub-paragraphs (1) and (2) above in relation to a sex establishment in the local authority’s area.

(4)No power conferred by sub-paragraph (2) above may be exercised by a constable or an authorised officer of a local authority unless he has been authorised to exercise it by a warrant granted by a justice of the peace.

(5)Where an authorised officer of a local authority exercises any such power, he shall produce his authority if required to do so by the occupier of the premises or the person in charge of the vehicle, vessel or stall in relation to which the power is exercised.

(6)Any person who without reasonable excuse refuses to permit a constable or an authorised officer of a local authority to exercise any such power shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding [F1level 5 on the standard scale].

Offences by bodies corporate

26(1)Where an offence under this Schedule committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence.

(2)Where the affairs of a body corporate are managed by its members sub-paragraph (1) above shall apply to the acts and defaults of a member in connection with his function of management as if he were a director of the body corporate.

Appeals

27(1)Subject to sub-paragraphs (2) and (3) below, any of the following persons, that is to say—

(a)an applicant for the grant, renewal or transfer of a licence under this Schedule whose application is refused;

(b)an applicant for the variation of the terms, conditions or restrictions on or subject to which any such licence is held whose application is refused;

(c)a holder of any such licence who is aggrieved by any term, condition or restriction on or subject to which the licence is held; or

(d)a holder of any such licence whose licence is revoked,

may at any time before the expiration of the period of 21 days beginning with the relevant date appeal to the magistrates’ court acting for the relevant area.

(2)An applicant whose application for the grant or renewal of a licence is refused, or whose licence is revoked, on any ground specified in paragraph 12(1) above shall not have a right to appeal under this paragraph unless the applicant seeks to show that the ground did not apply to him.

(3)An applicant whose application for the grant or renewal of a licence is refused on either ground specified in paragraph 12(3)(c) or (d) above shall not have the right to appeal under this paragraph.

(4)In this paragraph—

• “the relevant area” means—

  (a)

  in relation to premises, the petty sessions area in which they are situated; and

  (b)

  in relation to a vehicle, vessel or stall, the petty sessions area in which it is used or, as the case may be, desired to be used as a sex establishment; and

• “the relevant date” means the date on which the person in question is notified of the refusal of his application, the imposition of the term, condition or restriction by which he is aggrieved or the revocation of his licence, as the case may be.

(5)An appeal against the decision of a magistrates’ court under this paragraph may be brought to the Crown Court.

.

(6)Where an appeal is brought to the Crown Court under sub-paragraph (5) above, the decision of the Crown Court shall be final: and accordingly in section 28(2)(b) of the M1Supreme Court Act 1981 for the words “or the Gaming Act 1968” there shall be substituted the words “, the Gaming Act 1968 or the Local Government (Miscellaneous Provisions) Act 1982”.

(7)On an appeal to the magistrates’ court or the Crown Court under this paragraph the court may make such order as it thinks fit.

(8)Subject to sub-paragraphs (9) to (12) below, it shall be the duty of the appropriate authority to give effect to an order of the magistrates’ court or the Crown Court.

(9)The appropriate authority need not give effect to the order of the magistrates’ court until the time for bringing an appeal under sub-paragraph (5) above has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal.

(10)Where a licence is revoked or an application for the renewal of a licence is refused, the licence shall be deemed to remain in force—

(a)until the time for bringing an appeal under this paragraph has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal; and

(b)where an appeal relating to the refusal of an application for such a renewal is successful and no further appeal is available, until the licence is renewed by the appropriate authority.

(11)Where—

(a)the holder of a licence makes an application under paragraph 18 above; and

(b)the appropriate authority impose any term, condition or restriction other than one specified in the application,

the licence shall be deemed to be free of it until the time for bringing an appeal under this paragraph has expired.

(12)Where an appeal is brought under this paragraph against the imposition of any such term, condition or restriction, the licence shall be deemed to be free of it until the determination or abandonment of the appeal.

Provisions relating to existing premises

28(1)Without prejudice to any other enactment it shall be lawful for any person who—

(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.

(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.

Commencement of Schedule

30(1)So far as it relates to sex cinemas, this Schedule shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and accordingly, until the day so appointed, this Schedule shall have effect—

(a)with the omission—

(i)of paragraph 3 above; and

(ii)of paragraph 13(3)(d) above;

(b)as if any reference to a sex establishment were a reference only to a sex shop; and

(c)as if for paragraphs (a) and (b) of paragraph 13(2) above there were substituted the words “for different kinds of sex shops”.

(2)Subject to sub-paragraph (1) above, this Schedule shall come into force on the day on which this Act is passed.

(3)Where, in relation to any area, the day appointed under sub-paragraph (1) above falls after the day specified in a resolution passed under section 2 above as the day upon which this Schedule is to come into force in that area, the day so appointed shall, for the purposes of paragraphs 28 and 29 above, be the appointed day in relation to sex cinemas in the area.