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Sex establishments are required to be licensed under the Local Government (Miscellaneous Provisions) Act 1982 and are required by persons wishing to use any premises, vehicle, vessel or stall for the purposes of a sex establishment.
A sex shop is a premises used for business which consists to a significant degree of selling sex articles. A sex cinema is any premises used to a significant degree for showing of films which are concerned primarily with, or relate to, or are intended to simulate sexual activity. A sexual entertainment venue is a category of sex establishments that provide relevant entertainment before a live audience for the financial gain of the organiser or the entertainer.
Relevant entertainment is any live performance or live display of nudity which is of such nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexual stimulating any member of an audience (whether by verbal or other means). An audience in this context can consist of just one person (e.g. where the entertainment takes place in private booths).
The definition of relevant entertainment would apply, but not limited to the following forms of entertainment as they are commonly understood:
- Lap dancing
- Pole dancing
- Table dancing
- Strip shows
- Peep shows
- Live Sex Shows
The above list is not exhaustive and, as the understanding of the exact nature of these descriptions may vary, should only be treated as indicative.