To consider
the report of the Head of Regulatory Services
Minutes:
a)
Submitted – a report by the
Head of Regulatory Department recommending that the Committee adopted the Film
Classification Policy and that it approved charging a fee for the
classification of films and administrating the process for the purpose of cost
recovery only.
It was highlighted that Gwynedd Council as the Licensing Authority was
responsible for authorising the public exhibition of films and in accordance
with Section 20 of the Licensing Act 2003. It was noted that where a Premises
Licence or Club Premises Certificate authorised the exhibition of film(s), the
licence 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. It was
emphasised that the public exhibition of films on licensed premises must either
be classified by the BBFC or authorised by the Licensing Authority under the
powers of the Licensing Act 2003.
It was noted that the purpose of the Film Classification Policy was to
formulate a formal system for the Licensing Authority to classify films. The
most relevant main licensing objective was Protecting Children from Harm.
Relevant guidelines to classify films as well as different situations where an
application could be received were highlighted in the report.
In terms of order, it was noted that the power to authorise film
classifications would be delegated by the Central Licensing Committee to the
Head of the Regulatory Department. Once authorised by the Licensing Authority,
a film would be authorised for a particular showing or festival only subject to
the recommendations imposed by the Licensing Authority (unless further
application for re-classification was made).
In the context of setting fees, it was highlighted that no statutory fee
had been specified in legislation for the purpose of film classifications and
that some Local Authorities charged fees for cost recovery only. It was
considered reasonable to introduce a fee for the process which would reflect
the cost of the time spent by an officer viewing the film as well as the cost
of producing and processing the certificate.
b)
In response to a question,
it was noted that the fee would vary and measured in the context of the film's
duration. In terms of principle, there was no need to set a fee that was too
high as there was a need to promote the exhibition of films but the principle
of cost recovery must again be considered. It was suggested to charge a fee of
£30 for producing and processing the certificate as well as the time spent by
an officer viewing the film.
c)
In response to a question,
it was noted that the policy would not have an impact of film nights in
community halls provided that the hall had a licence. It was highlighted that
it was the licence holder's responsibility to ensure that the licence was valid
or to apply for a temporary event licence as well deciding how the event would
be managed.
ch) In response to an observation that there was
a need to hold a discussion about managing films / clips of films of digital
devices, it was noted that members and officers had a moral responsibility to
monitor this. It was noted that the policy allowed for a film to be refused
classification (due to contentious reasons, unsuitable for children or causing
concern to a society), even if it had been classified by the BBFC.
d)
In response to a suggestion
should a decision go to appeal and that a sub-committee was formed to discuss
reasons for objecting to seek understanding, it was highlighted that this was a
fair suggestion but that there was no statutory system for this. Should a
contentious application be submitted, the Solicitor highlighted that the Head
of the Regulatory Department would use discretion to submit a report to the
Central Licensing Committee as well as a recommendation.
dd) It was proposed and seconded to adopt the
policy
e)
During the ensuing discussion,
the following points were highlighted by individual members:
·
the capacity of the
Licensing Department must be considered should the number of applications
increase
·
it would be possible to
adapt the policy should several contentious applications be submitted
·
child safety must be
ensured
·
a need to refer the
decision to the Cabinet Member to ensure approval
RESOLVED to adopt the policy and approve charging a fee for the
classification of films for the purpose of cost recovery only
Supporting documents: