Agenda item

The Director of Neighbourhood Services submitted a report informing Members of the Licensing Authority powers under the Licensing Act 2003 to authorise public screening of films.

It was reported that the Licensing Authority had responsibility for authorising public film exhibitions.  Premises Licences and Club Premises Certificates that authorised film exhibition had to include a condition that admission of children to films be restricted in accordance with recommendations given by the British Board of Film Censors (BBFC) or Licensing Authority.  The Licensing Authority had to take Statutory Guidelines into account when authorising films.

The Licensing Authority might consider a request to authorise a film which had been classified by the BBFC where a distributor was appealing against the decision of the BBFC or an independent party requested that the Licensing Authority reclassified or authorised the film for local screening.

The Licensing Authority should be primarily concerned with the protection of children from harm.  It should refer to the BBFC guidelines which were nationally accepted and understood.  Film exhibition authorisations would only apply to the area covered by the Licensing Authority.

Details of certification (including age restrictions) could be included on the Council’s website.  It was the applicant’s responsibility to ensure the film did not contravene the law.

The Licensing Committee was asked to decide whether film certification should be delegated to Officers and the Licensing Sub-Committee in accordance with the procedure set out in Essential Reference Paper ‘B’ of the report now submitted.

Councillor R I Taylor stated that Local Authorities in London often issued certificates where general certification by the BBFC had not resulted in a film being rated as 18.  In response to a query from Councillor N C Poulton in relation to holiday videos, Members were advised that a certification by the Authority would be required for a public viewing or where the public had been invited to regulated entertainment where there was a charge for attending.

The Interim Licensing Manager stated that a sensitive local issue in East Herts could result in a request for a film to be reclassified.  The Committee was advised that there was a risk of the Authority receiving frivolous applications.

Members were advised of the circumstances whereby the Authority could receive a request to authorise the re-classification of a film.  Members might also have to authorise the rating of a movie that was unclassified by the BBFC.

In addition, the Licensing Authority might be requested to authorise a small scale unclassified film e.g. for a film festival or a one-off showing or a trailer, which may not have a BBFC Classification.  In most cases however the issue of a film certification would not be necessary as most films already have a BBFC rating.

The Interim Licensing Manager stated that decisions could be delegated to Officers in certain circumstances.  Officers could make a decision on a film that was clearly worthy of a U or 18 rating.  In response to a comment from Councillor Poulton on what constituted a film, Members were advised that a film was any exhibition of moving pictures.

Applicants were required to apply not less than 28 days prior to an event.  Officers would be reactive in relation to such requests. 

In relation to a query from Councillor R I Taylor regarding R18 rated movies being shown in sex shops, Members were advised that there were no R18 rated cinemas in East Herts and similarly there were no sex shops authorised to sell such movies.  R18 rated films could not be sold by mail order.  On that basis, the Authority would not consider applications for R18 style movies where there was no BBFC classification.

Councillor Poulton asked how the Authority would publicise the new arrangements.  The Interim Licensing Manager stated that it was for applicants to be aware of the new regulations.  It was not the role of Officers to publicise the new guidance around BBFC classifications.

RESOLVED – that the power to issue certificates authorising film exhibitions be delegated to Officers and the Licensing Sub-Committee.