Statement of Licensing Policy Appendix C - Film Classification Policy

Film Classification Policy

1.1

The British Board of Film Classification (BBFC) and the Licensing Authority are the classification bodies for films shown in the city, and as such have the right to issue film classifications to films that are shown in premises such as cinemas and film festivals.

The Licensing Authority can be requested to classify a film that has not yet been classified by the BBFC. A typical example of this would be a locally made film, such as a student production, to be shown at a film festival in the borough.

1.2

Under the Licensing Act 2003, any premises that have permission to show films as part of their permitted licensable activity, such as a cinema, have mandatory conditions attached to the licence regarding the exhibition of films.

1.3

Any classification issued by the Licensing Authority only applies when the film is exhibited within the city, and does not affect the classification in other areas.

1.4

A decision will be made at an officer level regarding the classification to be issued. This decision will be based on the BBFC guidelines. In sensitive cases, officers would consult with the Chair or Deputy.

1.5 Classification Requirements when films are not viewed in advance

Requests for an 18 certificate classification requirements be determined on an officer basis, subject to the conditions shown below.

An 18 certificate would be issued based only on the synopsis of the film and would be appropriate in the following cases:

• (a) a film festival
• (b) a one-off screening of a film
• (c) a trailer for a film

1.6

Any request to classify a film will be considered by the licensing authority and must be accompanied by both:

• the synopsis of the film
• a full copy of the film on DVD or in video format

1.7

All requests must be made with a minimum of 7 days' notice of the proposed screening or 28 days for multiple requests.

The conditions detailed below are mandatory conditions required to be placed on all Premises Licenses where the showing of films is authorised under the Licensing Act 2003.

Exhibition of films

S 20; mandatory condition: exhibition of films

The admission of children is to be restricted in accordance with the following:

• (a) where the film classification body is specified in the licence, unless subsection (3) (b) of S 20 applies, admission of children must be restricted in accordance with any recommendation made by that body
• (b) where the film classification body is not specified, or [(S20 (3)(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

Conditions Attached to an 18 Certificate Film Classification

Requirements where films have not been viewed in advance

The conditions listed below are attached by Brighton & Hove City Council to all waivers to the film classification requirements.

1. The films must not:

• encourage or incite crime
• lead to disorder
• stir up hatred against any section of the public in Great Britain on grounds of colour, race or ethnic or national origins, sexual orientation or sex
• promote sexual humiliation or degradation of or violence towards women

2. The films must not have the effect such as to tend to deprave and corrupt persons who see them.
3. The films must not contain a grossly indecent performance, thereby outraging the standards of public decency.
4. Persons under the age of 18 must not be admitted to any such film exhibitions.