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Film: Licensing Legislation

     

At the cinema, the ultimate power lies with the local authorities, who can decide to ignore the Board’s decisions at any time. In practice this rarely happens, although in 2002 before the new '12A' category was introduced, several local authorities gave local 'PG' or 'PG12' certificates to Spider-Man in spite of the fact that the BBFC rating was a '12'.

Local authorities grant licences to the cinemas in their area.  When a cinema applies for a licence it must include a condition requiring the admission of children to any film to normally be restricted in accordance with BBFC classification categories.  In particular circumstances, the local authority can place their own restrictions on a film - that is change the BBFC rating - or even 'ban' the film. It is a licensing offence for cinema managers to allow children into films with an age restriction. Film distributors can always ask a local authority for a certificate for a film banned by the BBFC, or a local category for a film that the Board has not classified.

Cinematograph Act 1909

  • Introduces licensing of cinemas
  • Originally for safety (from fire) in cinemas
  • Statutory control lies with local authorities
  • BBFC set up by Industry in 1912 to standardise decisions

Cinematograph Act 1952

  • Prohibited children from 'unsuitable' films.  The mandatory 'X' certificate was introduced at around the same time
  • Most local authorities use Home Office Guidelines including:

no exhibition of film without certificate;

cinema box office to act as age bar;

the certificate must appear in advertising at the cinema entrance and on screen immediately before the film is shown;

no film to be exhibited if licensing authority gives writted notice prohibiting

its exhibition

              

Cinematograph Act (Amendment) Act 1982

  • Required that cinema clubs promoted for private gain must be licensed

Cinemas Act 1985

  • Consolidated the legislation

2003 Licensing Act

  • BBFC named for the first time in cinema legislation
  • If local councils overrule the BBFC or make their own decisions, they must have a published policy in place

Link: Local Authority Decisions

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