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Sex Industry and Adult Entertainment Premises

Adult Entertainment and Sex Industry Premises defintion

Sex Industry and Adult

Sex industry premises provide:

  • sexual services (brothels, massage and other premises)
  • spaces for sexual activity (sex on premises venues, swingers clubs)

Adult entertainment premises provide:

  • adult entertainment  (striptease venues)
  • restricted premises (adult bookshops, adult cinemas)

Brothels and Massage Premises

All premises that provide a sexual service are defined in City policy as brothels. This includes premises that provide ‘full service’ sexual intercourse and premises that may not provide sexual intercourse but provide other sexual services including 'relief' and body slides.

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Consent Requirement

All adult entertainment and sex industry premises must operate with development consent and comply with their consent conditions. Premises operating without consent or contrary to consent conditions will face legal action by the City.

City Policy

The Adult Entertainment and Sex Industry Premises Development Control Plan 2006 commenced operation on 18 April 2006 and repeals the City of Sydney Draft Regulation of Sex Service Premises DCP 2003, the South Sydney Sex Industry Policy and the City of Sydney Sex Industry Policy.

The DCP can be accessed here as a PDF document.

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Assessing Potential Sites

Key considerations in establishing new or existing adult entertainment and sex industry premises in the City of Sydney include:

(1). Location

Is the City of Sydney the consent authority for the premises/site?
If so, which LEP applies to the premises/site?

Consent authority maps and LEPs are available online.

(2.1) Existing Approved Sites

How do I identify any existing consent for premises to be used as a sex industry or adult entertainment premises?

Premises must operate with the correct consent for their type of use. Information about the existing consent is available by contacting Council’s Duty Planner on 02 9265 9333.

Search the City's records of DAs lodged or determined from 8 November 2004.

Details of Determination may be obtained by application at any Council Office Location or the Information Access Request form is available for download.

Download

(2.2) Potential Sites

How do I assess a new site for potential use as sex industry or adult entertainment premises?

Five key considerations in assessing sites for their potential for approval and use as sex industry and adult entertainment premises are:

1. Property Owner’s Consent

Will the owner of the building consent to it being used as sex service or adult entertainment premises?

The owner’s written consent for the use must be obtained for a development application to be lodged with the City.

2. Zoning

What is the zoning for the site?

Is the proposed use (eg: brothel) permissible in the zone?

The zoning for a site is identified in the zoning maps attached to the LEP which applies to the site. The permissibility of the proposed use in a zone is identified in the zoning objectives in the relevant LEP and the Adult Entertainment and Sex Industry Premises DCP.

Information about the zoning for a site and the permissibility of the proposed use can be obtained by contacting Council’s Duty planner on 02 9265 9333.

3. Proximity to Residential Uses

Are the premises located in a residential zone, in the same building as or next to or opposite residential uses?

Adult entertainment and sex industry premises must not be:

    • located in areas zoned residential;
    • within buildings containing a residential use, or
    • immediately adjacent to or directly opposite land developed for residential purposes.

Adult entertainment and sex industry premises must be separated from land developed for residential purposes by at least one other non-residential land use.

4. Proximity to Sensitive Land Uses

Are the premises located adjacent to or opposite sensitive uses?

New sex industry and adult entertainment premises must not be located next to or directly opposite sensitive land uses. Sensitive land uses are defined as: churches; day care or child minding centres; primary and secondary schools; parks or playgrounds or other places children frequent.

5. Proximity to Other Sex Industry and Adult Entertainment Premises

Are the premises within 75 metres of another approved adult entertainment or sex industry premises?

New sex industry and adult entertainment premises must not be located within a radius of 75 metres from an existing, approved adult entertainment or sex industry premises. The radius must be measured from the centre of the ‘primary access(s)’ to the proposed and existing adult entertainment or sex industry premises. Information about the location of approved adult entertainment and sex service premises is available from the Duty Planner.

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Lodging a Development Application

Applications can be collected from and lodged at any Council Location. Development application forms are also available online.

Home Occupation Sex Service Premises

City policy for Home Occupation Sex Service Premises varies according to the LEP that applies to the premises. For information concerning City Policy contact the Duty Planner.

Complaints

Complaints concerning unauthorised or non-complying adult entertainment and sex industry premises can be made to the City.

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Resources

City resources supporting the safe operation of premises are available online.

Downloads

More Information

For information concerning City Policy, contact your nearest Council Location.

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Links

Additional information and resource for the operators of sex industry premises is available from:

Sexual Health Centres

City
Sydney Sexual Health Centre
Tel: 02 9382 7440
Website: www.sesahs.nsw.gov.au/sydhosp/SSHC.asp

Darlinghurst
Kirketon Road Centre
Tel: 02 9310 4766
Website: www.sesahs.nsw.gov.au/sydhosp/KRC.asp

Camperdown
Royal Prince Alfred Sexual Health Clinic
Telephone: 02 9515 3131

Sex Workers Outreach Project (SWOP)

Tel: 02 9319 4866
Website: www.swop.org.au

ACON

Tel: 02 9206 2000
Website: www.acon.org.au

NSW WorkCover

Health and Safety Guidelines for Brothels
Tel: 1300 799 003
Website: www.workcover.nsw.gov.au
Guidelines > PDF: www.workcover.nsw.gov.au

NSW Health

NSW Communicable Diseases Health and Safety Guidelines for Sex On Premises Venues 2002
Tel: 02 9391 9000
Website: www.health.nsw.gov.au

Department of Immigration and Citizenship

Employer Sanctions Legislation
Tel: 131 881
Website: http://www.immi.gov.au/managing-australias-borders/compliance/employer-obligations/index.htm

 

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Last Updated: Monday 13 December, 2010

Please Note:
While care is taken to ensure accuracy, the City of Sydney cannot guarantee that information expressed here is correct and recommends that users exercise their own skill and care with respect to its use. The City of Sydney makes no warranty or undertaking, whether expressed or implied, nor does it assume any legal liability, whether direct or indirect.