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 in partnership with the Harwich Electric Theatre as part of the Harwich Festival 2019.

The Licensing Manager informed Members that the applicant, Mr Offord, who was the General Manager of the Harwich Festival, which would run from 20 June until 30 June 2019, had requested permission on behalf of the Harwich Festival to show a number of short independently made films at the Mayflower Heritage Centreas part of the festival entertainments programme.  The films in question 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’.

.  A Temporary Event Notice under the Licensing Act 2003 had been applied for to authorise the showing of films as a licensable activity.

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.  For example, a film that contains adult themes such as extreme violence, drug taking, swearing or nudity would be certified with an appropriate age rating.

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.

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  unviable. To classify the films 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.

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

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  which were set out in Appendix A for Members’ guidance.

Officers had taken into consideration the various costs to cover the work that was involved in dealing with the application, including the production and printing of the covering committee report.  Mr Offord had been invoiced £200 which was considered to be a fair, reasonable and proportionate amount that would enable the Licensing Service to recover its costs for the work that it hasddone on a cost neutral basis and which was in accordance with the provisions made under Section 3 of the Localism Act 2011.

The Chairman asked Mr Offord questions regarding some of the films which the Sub-Committee could not view due to copyright issues and Mr Offord explained the content of each film, which were predominantly music videos.

Mr Offord explained to the Sub-Committee that the project  had been very successful last year and it had engaged young people and it  had been  rewarding for the youngsters to see their films on a large screen.

Following discussion, it was moved by Councillor White, seconded by Councillor Casey and:-

RESOLVED that the Sub-Committee approves the films to be classified, as set out in Appendix B to item A.2 of the Report of the Corporate Director (Operational Services) and recommended for inclusion as a mandatory condition for the licence to exhibit the films.