88Brothels and restricted premises

88 Brothels and restricted premises

88 Brothels and restricted premises

(1) The Council may only consent to an application for the carrying out of development for the purpose of a brothel or restricted premises if the brothel is not, or the restricted premises are not, located next to or directly opposite the following buildings or places—

(a) a dwelling house,

(b) a child care centre or a building or place providing home-based child care,

(c) a primary or secondary school,

(d) a place of public worship,

(e) a park,

(f) a playground,

(g) any other buildings or places regularly frequented by persons under 18 years of age.

(2) In considering an application for development referred to in subclause (1), the Council must consider the proximity of the proposed development to a building or place referred to in subclause (1) (a)–(g) and to the following buildings or places—

(a) a community facility,

(b) a hospital,

(c) premises licensed under the Liquor Act 1982.

(3) In this clause—

restricted premises means a building or place at which—

(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b) a business to which section 578E (Offences relating to advertising or displaying products associated with sexual behaviour) of the Crimes Act 1900 applies is conducted,

but does not include a newsagency or pharmacy.

cl 88: Ins 1.2.2002.