West Lothian Council operates a Sex Shop licensing scheme which is administered by the Council's Licensing Team.
The Licensing Team are able to provide general guidance on the scheme but cannot assist you to complete your application form or provide legal advice on whether a licence is required. You should seek legal advice from a solicitor or advice centre if you are unsure as to whether you require a licence. A sex shop licence is needed for any premises or other venue that sell a significant degree of sex articles such as sex toys, books or videos. This council has a policy that the appropriate number of sex shops in West Lothian is none.
Do I need a Licence?
Yes, if you wish to use a premises, vehicle, stall or vessel in West Lothian for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating "sex articles". R18 rated video recordings can only be sold at licensed Sex Shops.
A Sex Shop licence is not required merely for the exhibition of moving images, such as film or video. A Cinema licence may be required.
A "sex articles" means anything intended for use in connection with, or for the purpose of stimulating or encouraging:
sexual activity
acts of force or restraint which are associated with sexual activity
any reading/visual or audio material which is concerned primarily with the portrayal of, or primarily deals with or relates to, or is intended to stimulate or encourage, sexual activity or acts of force or restraint which are associated with sexual activity
is concerned primarily with the portrayal of, or primarily deals with or relates to, genital organs, or urinary or excretory functions
The definition does not include any articles which are manufactured for use primarily for the purposes of birth control or which primarily relate to birth control.
Anyone can apply for a sex shop licence. However, by statute the Council is not allowed to grant a licence to a person:
Under the age of 18
Who is for the time being disqualified due to revocation of a sex shop licence by the Council or by order of a court
Other than a natural person if any director of it or partner in it or any other person responsible for its management is disqualified
Who is not resident in the United Kingdom or was not so resident throughout the period of six months immediately preceding the date when the application was made
A body corporate which is not incorporated in the United Kingdom
Who has, within the period of 12 months immediately preceding the date when the application was made, been refused by the same council the grant or renewal of a sex shop licence for the premises, vehicle, vessel or stall in respect of which the application is made, unless the refusal has been reversed on appeal
Other than a natural person if any director of it or partner in it or any other person responsible for its management has, within that period, been refused by the same Council the grant or renewal of such a licence, unless the refusal has been reversed on appeal.
If you want to apply for a licence you must submit an application form along with the required documents and the appropriate fee. Application forms which have guidance notes attached to them and a list of fees are available from the downloads section of this page. You should read the guidance notes carefully before completing your application form.
All applications are copied to the Council's advisors who can recommend that conditions are attached to the licence when granted. Mandatory background checks will be carried out on all applicants by Police Scotland and details of all applicants will be retained on computer. You will be contacted once vetting is complete.
The Civic Government (Scotland) Act 1982 contains a number of grounds on which applications can be refused Grounds for Refusal of Civic Licence Applications (PDF, 88 KB)(opens new window) If none of these grounds is found to exist the application must be granted. Licensing caselaw makes it clear that in making decisions on any application under Part II of the 1982 Act a committee should have adequate factual material before it to support its conclusions and any reasons given should be those related to the objects of the civic government licensing legislation.
Subject to the Rehabilitation of Offenders Act 1974, all unspent convictions, fixed penalties and alternatives to prosecution must be declared including all breaches of road traffic law and you can find further information on that by using this link Scottish Government Guidance on Disclosure of Convictions (opens new window) which takes you to guidance from the Scottish Government regarding the disclosure of convictions, including spent convictions or alternatives to prosecution.
If you have previous convictions and have doubts as to which offences are spent you may wish to seek legal advice before completing an application.
The council has a policy that the appropriate number of sex shops in West Lothian is none. Applications can still be made despite that policy. In view of the policy all applications require to be referred to the Licensing Committee for determination. The Committee meets on a monthly basis.
Complaints regarding licence holders may be made to the Licensing Team. These should be made in writing by email or letter providing full details of the nature of the complaint and sent to the Licensing Team using the contact details box.
Complaints regarding unlicensed Sex Shop should be made to Police Scotland by calling 101.
