Adult Entertainment Premises Code Amendment
The City of Adelaide is proposing changes to the Planning and Design Code, to guide the use and development of land for the purposes of adult entertainment premises and/or adult products and services premises.
The Planning and Design Code (the Code) introduced in March 2021, sets development planning policy and is used to assess development proposals. The Code does not currently include planning policy on where and how adult entertainment premises or adult products and services premises should be located or assessed within the City of Adelaide.
A draft Adult Entertainment Premises Code Amendment has been prepared for public consultation from 11 June to 23 July 2024. City of Adelaide is inviting public comment on the draft Code Amendment before seeking the approval of the Minister for Planning of the recommended changes.
Consultation will take place in accordance with the Engagement Plan prepared by the City of Adelaide and as required by the Community Engagement Charter under the Planning, Development and Infrastructure Act 2016.
Key Dates
| Consultation opens | 11 June 2024 |
| Consultation closes | 23 July 2024 |
Maps
- Map 1: Proposed changes to Adult Entertainment Premises (283 KB) (jpg)
- Map 2: Proposed changes to Adult Products and Services Premises (314 KB) (jpg)
- Interactive map showing the impact of the proposed buffers
Resources
- City of Adelaide, Planning and Design Code amendments
- Planning and Land Use Services Code Amendment on consultation
- State Planning Commission, Community Engagement Charter (April 2018)
How can I provide my feedback?
There are several ways in which you can provide feedback:
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Online Contribute your feedback by completing our online survey. |
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Send your comments to Julia Thomson: [email protected] |
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Written Submissions All written submissions should be received by 5:00 pm on Tuesday 23 July 2024. This must be addressed to: Attn: Julia Thomson Code Amendments Consultation GPO Box 2252, Adelaide SA 5001 or Delivered to:
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All submissions must be received by 5:00 pm on Tuesday 23 July 2024.
What will happen to my feedback?
The City of Adelaide is committed to undertaking consultation in accordance with the principles of the Community Engagement Charter and is genuinely open to considering the issues raised by people in the community.
Each submission will be entered into a register and you will receive an email acknowledging receipt of your submission. Your submission will be published on the PlanSA portal. Personal addresses, email and phone numbers will not be published, however company details will be.
The City of Adelaide will consider the feedback received in finalising the Code Amendment and will prepare an Engagement Report which will outline what was heard during consultation and how the proposed Code Amendment was changed in response to submissions.
The Engagement Report will be forwarded to the Minister, and then published on the PlanSA portal.
Adult Entertainment Premises FAQs
In the Planning and Design Code, adult products and services premises “means a premises used for the sale, exchange, hire, exhibition, loan, delivery or display, or to otherwise render accessible or available to the public, sexually explicit material including:
- publications classified as restricted or prohibited under the Classification (Publications, Films and Computer Games) Act 1995; and/or
- material compounds, objects or devices (other than contraception and medical treatments) designed to be used in connection with sexual behaviour or activities; and/or
- films, video films or tapes, any other form of optical or electronic records from which a visual image may be produced or any other pictorial matter, the sale, delivery, exhibition, advertisement or display of which is restricted or prohibited under the Classification (Publications, Films & Computer Games) Act, 1995.
It does not include premises used for prostitution.”
It is important to note that this does not include premises that host illegal activities, i.e. prostitution. Brothels are illegal in South Australia under the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.
Advertising
Advertising content in Australia is regulated through a system of self-regulation. This means the advertising industry, through the Australian Association of National Advertisers (AANA), has rules advertisers must follow. The AANA Code of Ethics guides the advertising in Australia, and includes:
“2.2 Advertising shall not employ sexual appeal: (b) in a manner which is exploitative or degrading of any individual or group of people.”
“2.4 Advertising shall treat sex, sexuality and nudity with sensitivity to the relevant audience.”
Ad Standards is Australia’s advertising regulator. They consider complaints about all advertising or marketing material across all mediums in Australia.
The changes proposed in the Code Amendment will have the following consequences for adult products and services premises (see Map 2):
- Development applications for adult products and services in the City Living Zone are unlikely to be supported as these uses will not meet the performance outcomes set out in the Code.
- Development applications for adult products and services premises in the City Main Street Zone and Subzones, Capital City Zone, and the Melbourne Street West Subzone will need to meet specific policies set out in the Code.
- Development applications for adult products and services in all other zones and subzones will be assessed as ‘all other code assessed development’ and would likely be assessed against all Zones, Subzones, Overlays and General Development Policies.
The Code Amendment proposes to introduce policy to improve assessment of development proposals for adult entertainment premises and adult products and services premises.
There is currently no policy in the Planning and Design Code that specifically guides the use or development of land for the purposes of adult entertainment or adult products and services. These land uses currently fall under ‘all other code assessed development’ in Table 3 of the Zone. The proposed changes would mean that the development application can potentially be assessed against all policies in the Planning and Design Code.
Development proposals for adult products and services in the City Main Street Zone and Subzones, Capital City Zone, and the Melbourne Street West Subzone will be assessed against policies in the Planning and Design Code - ‘performance assessed’. Generally, these development applications will not require public notification. In circumstances where public notification is required, owners and/or occupiers within 60 metres of where the subject site are notified directly (via letter or confirmed emailed address).
The City of Adelaide Council Assessment Manager is the relevant authority for a majority of development applications within the City of Adelaide. The City of Adelaide Council Assessment Panel is the relevant authority where an application requires public notification and speaking representations are received that wish to be heard.
Where applications have a development cost of over $10 million, the State Commission Assessment Panel (SCAP) is the Responsible Authority. An application is assessed against the relevant Performance Outcomes and Assessment Provisions in the Planning and Design Code.
If a development application was assessed by an Assessment Manager and an applicant is not satisfied with a decision, they may apply to the relevant Assessment Panel for a review of the decision (or lodge an appeal directly with the Environment, Resources and Development (ERD) Court). If an applicant is not satisfied with the outcome of an Assessment Panel’s review, they may still lodge an appeal with the ERD Court. If an Assessment Panel was the relevant authority, an applicant can lodge an appeal directly with the ERD Court. An appeal can also be against a condition imposed as part of a decision.
No, these changes will not impact existing adult products and services premises. These businesses are likely to have existing use rights based on an existing lawfully approved use or historical use that pre-date planning controls.
No, these changes will not apply where adult entertainment is not the primary or main use of the site. In these cases, the use is considered secondary or ancillary to the existing primary use, e.g. a theatre or a bar, and will not require planning permission.
Please note that licensed premises may require a prescribed entertainment license from Consumer and Business Services to host sexually explicit entertainment.
The proposed changes do not include premises where sexually explicit entertainment is undertaken temporarily and in a private or ticketed event space. These uses are likely to be considered ancillary to the primary use of the venue as a theatre, event space, bar etc.
Please note that licensed premises may require a prescribed entertainment license from Consumer and Business Services to host sexually explicit entertainment.
Adult Products and Services FAQs
In the Planning and Design Code, adult products and services premises “means a premises used for the sale, exchange, hire, exhibition, loan, delivery or display, or to otherwise render accessible or available to the public, sexually explicit material including:
- publications classified as restricted or prohibited under the Classification (Publications, Films and Computer Games) Act 1995; and/or
- material compounds, objects or devices (other than contraception and medical treatments) designed to be used in connection with sexual behaviour or activities; and/or
- films, video films or tapes, any other form of optical or electronic records from which a visual image may be produced or any other pictorial matter, the sale, delivery, exhibition, advertisement or display of which is restricted or prohibited under the Classification (Publications, Films & Computer Games) Act, 1995.
It does not include premises used for prostitution.”
It is important to note that this does not include premises that host illegal activities, i.e. prostitution. Brothels are illegal in South Australia under the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.
Advertising
Advertising content in Australia is regulated through a system of self-regulation. This means the advertising industry, through the Australian Association of National Advertisers (AANA), has rules advertisers must follow. The AANA Code of Ethics guides the advertising in Australia, and includes:
“2.2 Advertising shall not employ sexual appeal: (b) in a manner which is exploitative or degrading of any individual or group of people.”
“2.4 Advertising shall treat sex, sexuality and nudity with sensitivity to the relevant audience.”
Ad Standards is Australia’s advertising regulator. They consider complaints about all advertising or marketing material across all mediums in Australia.
The changes proposed in the Code Amendment will have the following consequences for adult products and services premises (see Map 2):
- Development applications for adult products and services in the City Living Zone are unlikely to be supported as these uses will not meet the performance outcomes set out in the Code.
- Development applications for adult products and services premises in the City Main Street Zone and Subzones, Capital City Zone, and the Melbourne Street West Subzone will need to meet specific policies set out in the Code.
- Development applications for adult products and services in all other zones and subzones will be assessed as ‘all other code assessed development’ and would likely be assessed against all Zones, Subzones, Overlays and General Development Policies.
The Code Amendment proposes to introduce policy to improve assessment of development proposals for adult entertainment premises and adult products and services premises.
There is currently no policy in the Planning and Design Code that specifically guides the use or development of land for the purposes of adult entertainment or adult products and services. These land uses currently fall under ‘all other code assessed development’ in Table 3 of the Zone. The proposed changes would mean that the development application can potentially be assessed against all policies in the Planning and Design Code.
Development proposals for adult products and services in the City Main Street Zone and Subzones, Capital City Zone, and the Melbourne Street West Subzone will be assessed against policies in the Planning and Design Code - ‘performance assessed’. Generally, these development applications will not require public notification. In circumstances where public notification is required, owners and/or occupiers within 60 metres of where the subject site are notified directly (via letter or confirmed emailed address).
The City of Adelaide Council Assessment Manager is the relevant authority for a majority of development applications within the City of Adelaide. The City of Adelaide Council Assessment Panel is the relevant authority where an application requires public notification and speaking representations are received that wish to be heard.
Where applications have a development cost of over $10 million, the State Commission Assessment Panel (SCAP) is the Responsible Authority. An application is assessed against the relevant Performance Outcomes and Assessment Provisions in the Planning and Design Code.
If a development application was assessed by an Assessment Manager and an applicant is not satisfied with a decision, they may apply to the relevant Assessment Panel for a review of the decision (or lodge an appeal directly with the Environment, Resources and Development (ERD) Court). If an applicant is not satisfied with the outcome of an Assessment Panel’s review, they may still lodge an appeal with the ERD Court. If an Assessment Panel was the relevant authority, an applicant can lodge an appeal directly with the ERD Court. An appeal can also be against a condition imposed as part of a decision.
Need more information?
Contact our Senior Policy Planner, Julia Thomson