Sex Shop licence

If you own a sex shop, you may need a licence from South Ayrshire Council.

You may also apply to South Ayrshire Council, requesting that they waive the requirement of a licence.

You must give notice of your application by publishing an advertisement in a newspaper specified by South Ayrshire Council within seven days of the application. Notice of the application must also be displayed for 21 days, from the date of the application, on or near the premises in a place where the notice can conveniently be read by the public.

How to apply

Sex Shop licence form

What happens next?

The applicant must put up a notice near the premises for 21 days beginning with the date of the application. This must state that an application has been made, details of the application, eg the applicant's name and address, that objections and representations can be made and how they can be made. Once the notice has been up for 21 days the applicant must submit a certificate of compliance to South Ayrshire Council. The Council will need the certificate before they can make a final decision on the application.

South Ayrshire Council will send a copy of the application to the local chief constable and to the appropriate relevant authority (or where applicable the enforcing authority under the Fire (Scotland) Act 2005).

South Ayrshire Council must consider any representations when assessing the application. They must give the applicant notice in writing of any representations but will not give the name and address of the person making the representations unless they consent. They may hear representations before making a decision. They may also make any investigations they feel are necessary before considering the application.

If South Ayrshire Council intend to take into account a representation and they have not given the person who made it or the applicant the opportunity to be heard, they must give the applicant the chance to notify them in writing on the applicant's views to the objection or representation. A reasonable period must be allowed, which can be no less than seven days.

The enforcing or relevant authority may be the Health & Safety Executive, the fire service or South Ayrshire Council.

It is in the public interest that the South Ayrshire Council must process your application before it can be granted. We would expect to process your application within 183 calendar days or 131 working days. If you have not heard from us within a reasonable period, please contact us.

Will Tacit Consent apply

Yes, where the local authority fails to make a decision within six months of receipt of the application, the licence is deemed to be granted or renewed.

What if I have been refused approval?

Please contact South Ayrshire Council using the contact details below in the first instance.

If you wish to make representations about an application you must do so in writing to South Ayrshire Council within 28 days of either, the application, the date the application was advertised or any other date given, whichever is later.

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that South Ayrshire Council:

erred in law
used incorrect material fact when making their decision
acted contrary to natural justice
didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Consumer complaints

We would always advise that in the event of a complaint the first contact is made with the service provider 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 or you can contact us directly. From outside the UK contact the UK European Consumer Centre.

Who to contact

Licensing Services
South Ayrshire Council
County Buildings
Wellington Square
Ayr KA7 1DR
Tel: 01292 617682

Trade Associations

Not applicable