Agenda item

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the Adoption of a Film Classification Policy.

RESOLVED that –

(a)    the Film Classification Policy, as set out at Appendix 1 to the reference report (A.2), be adopted; and

(b)    Officers be authorised, following consultation with the Portfolio Holder with responsibility for Licensing, to make minor amendments to the adopted Film Classification Policy in the event of legislative, statutory guidance under Section 182 of the Licensing Act 2003 or the framework adopted by the British Board of Film Classification changes impacting on that Policy.

Cabinet considereda reference report (A.2) which enabled it to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Film Classification Policy.

It was reported that, under the Licensing Act 2003, the exhibition of a film to the public (with certain exclusions and exemptions) was defined as regulated entertainment.  Regulated entertainment under the 2003 Act required an authorisation from the licensing authority, which, in the District of Tendring was this Council. The 2003 Act provided that where an authorisation permitted the exhibition of film, it must include a condition requiring the admission of children to films to be restricted in accordance with recommendations given either by the British Board of Film Classification (BBFC), or by the licensing authority itself.  A Film Classification Policy set out how a licensing authority would approach its responsibilities in this regard within the 2003 Act.

In undertaking its responsibility under the Licensing Act 2003, the Council must seek to promote the four licensing objectives set out in that Act. Those objectives were:

•    Prevention of crime and disorder

•    Prevention of public nuisance

•    Public safety

•    Protection of children from harm

Members were informed that a draft Film Classification Policy had been considered by the Licensing and Registration Committee (“the Committee”) at its meeting held on 25 March 2024.  The Committee at that time had authorised consultation on the draft policy for a period of 8 weeks from 1 April 2024 to 26 May 2024.  That consultation had been duly undertaken and had specifically included invitations to comment being sent to the licensees for the Electric Palace, Harwich; and the Picturedome Clacton Century.  In addition, Responsible Authorities under the Licensing Act 2003, and representatives of premises licence holders had been approached to submit comments on the draft Policy.  The draft Policy had also been made available to view, download and comment on through the Council’s website. Only the licensee for the Electric Palace had responded to the consultation and their submission was that the draft Policy: “was extremely helpful and looked as expected. We are grateful for you sharing this with us”. No other views on the draft Policy had been received.

Cabinet was made aware that the draft Policy sought to set out how this Council (as the licensing authority) would deal with the classification of otherwise unclassified films, together with appeals by distributors against the BBFC decisions as to the classification of a film or to reclassify films.  The Council had previously made determinations on those matters.  However, it did not have the benefit of a Policy to aid with consistency in those determinations.

This Council’s Licensing and Registration Committee (“the Committee”), at its meeting held on 24 July 2024 (Minute 7 referred), considered the matter again (including the responses received during the consultation).  Through the report, the Committee had been invited to determine its recommendation to Cabinet.  The Committee’s decision had been as follows:-

“RESOLVED that, having considered the outcome of the public consultation on a draft Film Classification Policy, it formally recommends to Cabinet that the policy attached to the Officer report (Appendix A) be adopted.”

The Policy referred to in the above decision of the Licensing and Registration Committee was set out at Appendix 1 to the reference report.

Cabinet had before it the following formal response submitted by the Housing and Planning Portfolio Holder. Under the Leader of the Council’s approved Scheme of Delegation, as set out in Schedule 3 (Responsibility for Executive Functions) of Part 3 of the Council’s Constitution, the Portfolio Holder for Housing and Planning was the designated Executive Member for overseeing licensing policy matters.

“I am grateful for the work of the Licensing and Registration Committee in overseeing the development of the Film Classification Policy now presented to Cabinet for approval.  I am happy to endorse the recommendation from the Committee that the Policy be approved. 

This Policy compliments the Statement of Licensing Policy which, among other things, concerns itself with the regulation of the exhibition of films in the District.  The Film Classification Policy provides a good framework for those wishing to show unrated films, as well as safeguarding children (by applying a set of rules around the rating to be applied to those otherwise unrated films). 

I am also happy to propose a second recommendation to Cabinet as follows:

“That Officers be authorised, following consultation with the Portfolio Holder with responsibility for Licensing, to make minor amendments to the adopted Film Classification Policy in the event of legislative, statutory guidance under Section 182 of the Licensing Act 2003 or the framework adopted by the British Board of Film Classification changes impacting on that Policy.””

Having duly considered the recommendation made by the Licensing and Registration Committee, together with the formal response thereto submitted by the Housing and Planning Portfolio Holder (as the designated Executive Member for overseeing licensing policy matters):-

It was moved by Councillor Baker, seconded by Councillor Barry and:-

RESOLVED that –

(a)    the Film Classification Policy, as set out at Appendix 1 to the reference report (A.2), be adopted; and

(b)    Officers be authorised, following consultation with the Portfolio Holder with responsibility for Licensing, to make minor amendments to the adopted Film Classification Policy in the event of legislative, statutory guidance under Section 182 of the Licensing Act 2003 or the framework adopted by the British Board of Film Classification changes impacting on that Policy.