Agenda item

To enable the Sub-Committee to consider an application for the grant of permission to show unclassified films at the Harwich Film Festival.

The Sub-Committee had before it a report (A.2), which advised it of an application for the grant of permission to show unclassified films at the Harwich Electric Theatre as part of the Harwich Festival 2018.

The Licensing Manager informed Members that the applicant, Mr Offord, who was the General Manager of the Harwich Festival, which would run from 21 June until 1 July 2018, had requested permission on behalf of the Harwich Festival to show a number of short independently made films at the Harwich Electric Palace Theatre as part of the festival entertainments programme but which had not been classified by the British Board of Film Classification (BBFC). The project to show the films ran under the title of ‘Harwich Shorts’.

It was reported that the Harwich Festival was a combined Arts Festival which embraced, music, film, dance, literature, poetry and visual and performing arts. The “Harwich Shorts” project was to be an open screening of independent films made and produced from within the local community.

The Licensing Manager reminded Members that ordinarily films for cinema or other general or limited release/showing were classified by the BBFC. The BBFC would classify a film into a suitable age category for viewing which would depend on the content of the film.

Members were informed that Local Authorities did have the discretion to amend a classification made by the BBFC or grant a classification to an unclassified film if requested to do so. It was rare that this happened and the vast majority of films were classified by the BBFC. Occasionally there were times when films to be shown at an arts festival for example, or for a very limited release/showing would apply to the relevant Local Authority to classify the film, rather than the BBFC. Local Authorities could classify a film by virtue of Section 20 of the Licensing Act 2003, or in accordance with Home Office Circular 98/1982.

It was reported that the films Mr Offord wanted to show were a selection of short films from various independent filmmakers and artists.  A list of the short films had been submitted by Mr Offord and was attached as Appendix B to the report.

It was further reported that Mr Offord had not requested the films to be classified by the British Board of Film Classification (BBFC) as the cost would have made the project impossible. To classify films the for theatrical showing with the BBFC would have cost, it was estimated, more than £1,000.

Members were informed that as the compilation of films which Mr Offord wished to screen did not have the benefit of a certificate, the consent of the Council was required before the films could be shown as stated in the Cinemas Act 1985 (Section 1(2).

Members were further informed that should they be minded to grant consent for the films, then they should suggest a suitable classification. To assist Members, the BBFC Guidelines were attached as Appendix C to the report.

It had been recommended that the Sub-Committee should first view the films prior to the meeting in order to establish whether there were any valid reasons not to permit any of them to be shown and to assist them should they wish to impose any terms and conditions if permission was granted to show the films. To assist Members, Licensing Officers had viewed the films and had made a recommendation on the classification for each film which the Sub-Committee could take into account in making its decision(s). The classifications were in accordance with the relevant BBFC Film Classification Guidelines and were set out in Appendix D for Members’ guidance.

The Chairman then asked the applicants how were people segregated when watching different classification films and the applicants explained that as per last year, each set of films were put together according to the classification so all of the films shown each time were of the same classification.  This had worked well last year.

Following discussion, it was moved by Councillor Cossens, seconded by Councillor Callender and:-

RESOLVED that the application be approved and that the films be classified, in accordance with the Officers’ recommendations, as set out in Appendix D to item A.2 of the Report of the Corporate Director (Operational Services).

Mr Offord thanked the Committee on behalf of the Harwich Festival and said that being able to show these films helped with future Arts Council funding bids.