Sex Shop Licence

Licence Summary

To run a sex shop - ie any premises selling sex toys, books or videos - you may need a licence from The Moray Council. To run a venue where explicit films are shown to members of the public, you also need a licence from The Moray Council. 

However, you may apply to The Moray Council requesting them to waive the requirement of a licence.

For more information please read our Guidance Notes (4 pages, 97 KB)

Eligibility Criteria

An applicant:

• must be at least 18 years old
• must not be disqualified from holding a licence
• must have been resident in the UK at least six months immediately before the application or, if a body corporate, must be incorporated in the UK
• must not have been refused the grant or renewal of a licence for the premises in question within the last 12 months unless the refusal has been reversed on appeal

Regulation Summary

A summary of the eligibility criteria for this licence

Application Evaluation Process

Fees will be payable for applications and conditions may be attached.

Applications must contain any information the local authority requires, as well as the applicant's name, address and, where the applicant is an individual, their age, plus the address of the premises.

Applicants must give public notice of their application by publishing an advertisement in a local newspaper.

Will Tacit Consent Apply?

Tacit consent does not apply to an application for a new sex establishment licence as local residents and the Police have a legitimate interest in the outcome of sex establishment applications. If an application is not processed within a defined period of time it will not be deemed granted. This is to minimise the risk of a licence for a sex establishment premises being approved inadvertently and subsequently resulting in crime and disorder, remove the protection of harm from children or cause an adverse cumulative impact in the vicinity of the proposed premises.

If you have not heard from The Moray Council within a reasonable period, please contact us using the details at the bottom of this page. 

Fees

The Moray Council will charge a fee that you will pay online to process your application. The fee is the same whether you apply online or by post (businesslink.gov.uk or UK Welcomes do not charge an additional fee for online applications).

Civic Government Licence Fees

To minimise its costs, the Council will pass on a 1.80% charge on the value of all payments made by credit card.

Apply Online

Please use the links in the Online Services box on the right to apply online for a sex shop licence or a certificate of compliance

Failed Application Redress

Please contact The Moray Council in the first instance, see contact details below.

Any applicant who is refused a licence, or refused the renewal of a licence, may, within 21 days of being notified of the refusal, appeal to the local magistrates' court.

However, the right to appeal does not apply where the licence was refused on the grounds that:

• the number of sex establishments in the area exceeds the number which the authority consider is appropriate
• the grant of the licence would be inappropriate considering the character of the area, the nature of other premises in the area, or the premises themselves

Licence Holder Redress

Please contact the Moray Council in the first instance, see contact details below.

A licence holder who wishes to appeal against a condition can appeal to a local magistrates' court. In Scotland licence holder who wishes to appeal against a condition can appeal to the local sheriff.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

Licence holders may at any time apply to the authority for a variation of the terms, conditions or restrictions in their licence.

If an application for a variation is refused, or if the licence is revoked, the licence holder may, within 21 days of being notified of the imposition of, or the refusal to vary, the term, condition or restriction in question, or of the revocation, appeal to the local magistrates' court.

A licence holder may also appeal to the crown court against a decision of a magistrates' court.

Other Redress

Any person objecting to an application for the grant, renewal or transfer of a licence may give written notice of their objection to the relevant authority, stating the grounds of the objection, within 28 days of the date of the application.

Trade Associations

None

Contact Details

The Moray Council
Tel: 01343 563027
Email: licensing@moray.gov.uk