Local Government (Miscellaneous Provisions) Act 1982

Power to prescribe standard conditions E+W

13 (1) Subject to the provisions of this Schedule, the appropriate authority may make regulations prescribing standard conditions applicable to licences for sex establishments, that is to say, terms, conditions and restrictions on or subject to which licences under this Schedule are in general to be granted, renewed or transferred by them. E+W

[F1 (1A) No standard condition may be prescribed by regulation 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.]

(2) Regulations under sub-paragraph (1) above may make different provision—

(a) for [F2 sexual entertainment venues,] sex cinemas and sex shops; and

(b) for different kinds of [F3 sexual entertainment venues,] sex cinemas and sex shops.

(3) Without prejudice to the generality of sub-paragraphs (1) and (2) above, regulations under this paragraph may prescribe conditions regulating—

(a) the hours of opening and closing of sex establishments;

(b) displays or advertisements on or in such establishments;

(c) the visibility of the interior of sex establishments to passersby; and

[F4 (d) any change from one kind of sex establishment mentioned in sub-paragraph (2)(a) above to another kind of sex establishment so mentioned.]

(4) Where the appropriate authority have made regulations under sub-paragraph (1) above, every such licence granted, renewed or transferred by them shall be presumed to have been so granted, renewed or transferred subject to any standard conditions applicable to it unless they have been expressly excluded or varied.

(5) Where the appropriate authority have made regulations under sub-paragraph (1) above, they shall, if so requested by any person, supply him with a copy of the regulations on payment of such reasonable fee as the authority may determine.

(6) In any legal proceedings the production of a copy of any regulations made by the appropriate authority under sub-paragraph (1) above purporting to be certified as a true copy by an officer of the authority authorised to give a certificate for the purposes of this paragraph shall be prima facie evidence of such regulations, and no proof shall be required of the handwriting or official position or authority of any person giving such certificate.

Textual Amendments

F1 Sch. 3 para. 13(1A) inserted (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 2 para. 26(3)(b) (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

F2 Words in Sch. 3 para. 13(2)(a) inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(6)(a), 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)

F3 Words in Sch. 3 para. 13(2)(b) inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(6)(b), 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)

F4 Sch. 3 para. 13(3)(d) substituted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(6)(c), 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)