The Policing and Crime Act 2009 (Commencement No. 1 and Transitional and Saving Provisions) (England) Order 2010

Paragraphs 28 and 29 of Schedule 3 to the 1982 Act (existing transitional provision) do not apply in relation to sexual entertainment venues.

Paragraph (1) does not prevent any continued application on or after the first appointed day of paragraphs 28 and 29 of Schedule 3 to the 1982 Act, as modified by article 2(3) of the Policing and Crime Act 2009 (Consequential Provisions) (England) Order 20106, so far as those paragraphs applied immediately before that day in relation to sex encounter establishments.

In paragraph (1) —

• “2003 Act licence”, in relation to any premises, means a premises licence or club premises certificate under which it is lawful to provide relevant entertainment at those premises,

• “sex encounter establishment licence” means a licence for a sex encounter establishment under Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act.

Paragraph (1) applies despite Schedule 3 to the 1982 Act (and therefore any use authorised by that paragraph is not contrary to paragraph 6 of that Schedule) but is otherwise without prejudice to any other enactment.

This article applies to an application, which is made under Schedule 3 to the 1982 Act on or after the first appointed day but on or before the second appointed day, for the grant of a licence under that Schedule in relation to a sexual entertainment venue.

The local authority concerned must not determine any application to which this article applies until they have considered all such applications.

Where the local authority grant such an application before the third appointed day in relation to premises to which article 6(1) applies, the licence does not take effect until the third appointed day.

Paragraph (3) does not prevent any other licence granted on an application to which this article applies from having immediate effect.

This article applies to an application, which is made under Schedule 3 to the 1982 Act after the second appointed day but before the third appointed day, for the grant of a licence under that Schedule in relation to a sexual entertainment venue.

The local authority concerned must not determine any application to which this article applies until they have determined all the applications to which article 7 applies.

Where the local authority grant an application to which this article applies before the third appointed day in relation to premises to which article 6(1) applies, the licence does not take effect until the third appointed day.

Paragraph (3) does not prevent any other licence granted on an application to which this article applies from having immediate effect.

This article applies to an application, which is made under Schedule 3 to the 1982 Act on or after the third appointed day, for the grant of a licence under that Schedule in relation to a sexual entertainment venue.

The local authority concerned must not determine any application to which this article applies until they have determined all the applications to which article 7 applies.

The amendment made to Schedule 3 to the 1982 Act by section 27(5) of the 2009 Act (grounds for refusal of licences) does not apply to any application made under that Schedule before the first appointed day for the grant or renewal of a licence for a sex shop or sex cinema.

The amendment made to Schedule 3 to the 1982 Act by section 27(7) of the 2009 Act (fees) does not apply to any application made under that Schedule before the first appointed day for the variation of a licence for a sex shop or sex cinema.

The amendment made to Schedule 3 to the 1982 Act by section 27(8) of the 2009 Act (powers of constables and local authority officers) does not apply where a constable or authorised officer of a local authority is acting in relation to a sex shop or sex cinema under the authority of a warrant granted under that Schedule before the first appointed day.

The amendment made to Schedule 3 to the 1982 Act by section 27(9) of the 2009 Act (appeals) does not apply to any application made under that Schedule before the first appointed day for the renewal of a licence for a sex shop or sex cinema.

This article does not apply in relation to any application made, or warrant granted, under Schedule 3 to the 1982 Act as it has effect by virtue of section 12 of the 1986 Act or section 33 of the 2007 Act.

Paragraph (2) applies if, on an application to which article 7 or 8 applies in relation to premises to which article 6(1) applies, a person is granted a licence under Schedule 3 to the 1982 Act to use the premises as a sexual entertainment venue.