Agenda and minutes

The Sub-Committee is asked to note any apologies for absence and substitutions received from Members.

Apologies for absence were received from Councillor J Henderson with no substitution.

To confirm and sign as a correct record, the minutes of the last meeting of the Sub- Committee, held on 4 May 2022.

The minutes of the meeting of the Sub-Committee held on 4 May 2022 were approved as a correct record and signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

There were none.

To enable the Sub-Committee to consider an application for the grant of permission to show an unclassified film at The Electric Palace, Harwich.

The Sub-Committee had before it a report (A.1), which advised it of an application  submitted by Michael Offord of The Electric Palace, Harwich, on behalf of Thomas Laurance, an Independent Film Maker for the grant of permission to show the public a full length film that had not been classified by the British Board of Film Classification.

The Sub-Committee was informed that The Electric Palace, Harwich had been closed for a number of years but, after working in partnership with Historic England and The National Lottery Heritage Fund the long running repair and restoration project had been completed, and the cinema  was now open again.

It was considered that, by assisting the cinema in providing this classification service at a cost neutral fee, the Council,  would be helping to promote and support the town, the District, the local tourist and leisure industries, and the work of local independent filmmakers. In addition, the Electric Palace, Harwich  was a special, local venue  that provided a diverse range of film and entertainment that  was not always catered for by other, more mainstream venues and which attracted  visitors into Harwich as a result. The Electric Palace was  therefore  an important destination and venue for Tendring’s tourist and leisure industry.

Members were advised that this  application  for permission to show an unclassified film  sought to rely on Home Office Circular 98/1982 and Section 1(2) of the Cinemas Act 1985 (in addition to Section 20 of the Licensing Act 2003). 

Unfortunately, the Licensing Team  had not been able to locate the circular as the  Home Office had now archived this.  However, the Cinemas Act 1985  had been repealed by the Licensing Act 2003 in respect of England and Wales and therefore,  was only in force for Scotland.

The Sub-Committee was made aware that public exhibition of films upon licensed premises must either be classified by the British Board of Film Classification or authorised by the local Licensing Authority under the powers of the Licensing Act 2003.

Paragraph 2(1)(b) of Schedule 1 of the Licensing Act 2003 defined the exhibition of a film as the provision of entertainment regulated in accordance with the Act.

Section 20(3) of the Licensing Act 2003 required that:

            “Where—

            (a)        the film classification body is not specified in the licence, or

(b)        the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.”

Therefore, the admission of children to the public screening of material unclassified by the British Board of Film Classification  was subject to authorisation by the local licensing authority in accordance with the powers of the Licensing Act 2003.

 In considering whether to authorise the requested exhibition, the Sub-Committee was advised that it should also have regard to the Licensing Act 2003 objectives, which  were:

·         The prevention of crime and disorder;

·         Public safety;

·         The prevention of public nuisance; and

·         The protection of children from  ...  view the full minutes text for item 12.

The Sub-Committee is asked to consider passing the following resolution:

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Items 6, 7 and 8 on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A, as amended, of the Act.”

It was moved,  seconded, and:-

RESOLVED – That under Schedule 100a(4) of the Local Government Act 1972, the public be excluded from the meeting for the item of business to be considered below on the grounds that  it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act:-

Exempt Minutes of the meeting of the Miscellaneous Licensing Sub-Committee held

on 4 May 2022.

To confirm and sign, as a correct record, the exempt minutes of the meeting of the Sub-Committee held on 4 May 2022.

The exempt minutes of the meeting of the Sub-Committee held on 4 May 2022 were approved as a correct record and signed by the Chairman.