Cinemas Act 1985

1985 CHAPTER 13

Contents

Go to Preamble

1. Control of exhibitions

   1. 1. Licence required for exhibitions

   2. 2. Consent required for exhibitions for children

   3. 3. Grant, renewal and transfer of licence or consent (E+W)

   4. 3. Grant, renewal and transfer of licence or consent (S)

   5. 4. Regulations by Secretary of State

2. Exempted exhibitions

   1. 5. Exhibitions in private dwelling-houses

   2. 6. Other non-commercial exhibitions

   3. 7. Exhibitions in premises used occasionally

   4. 8. Exhibitions in movable buildings, etc

3. Exhibitions on Sundays

   1. 9. Exhibitions on Sundays

4. Enforcement

   1. 10. Offences

   2. 11. Penalties and forfeitures

   3. 12. Revocation of licence or consent

   4. 13. Powers of entry

   5. 14. Powers of arrest and seizure

   6. 15. Offences by bodies corporate

5. Appeals

   1. 16. Appeals against decisions of licensing authority

6. Special provisions relating to Greater London

   1. 17. Provisional grant of licences in Greater London

   2. 18. Variation of licences in Greater London

7. Miscellaneous and general

   1. 19. Music and dancing licences not required

   2. 20. Meaning of promotion for private gain

   3. 21. Interpretation

   4. 22. Amendments resulting from Fire Precautions Act 1971

   5. 23. Transitional provisions

   6. 24. Consequential amendments and repeals

   7. 25. Short title, commencement and extent

8. SCHEDULE 1

   Amendments of Act Which Have Effect on Coming into Force of Section 12(11) of the Fire Precautions Act 1971

9. SCHEDULE 2

   Consequential Amendments

10. SCHEDULE 3

    Enactments Repealed

An Act to consolidate the Cinematograph Acts 1909 to 1982 and certain related enactments, with an amendment to give effect to a recommendation of the Law Commission.

[27th March 1985]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Control of exhibitions

1 Licence required for exhibitions

(1)Subject to sections 5 to 8 below, no premises shall be used for a film exhibition unless they are licensed for the purpose under this section.

(2)A licensing authority may grant a licence under this section to such a person as they think fit to use any premises specified in the licence for the purpose of film exhibitions on such terms and conditions and subject to such restrictions as, subject to regulations under section 4 below, they may determine.

(3)Without prejudice to the generality of subsection (2) above, it shall be the duty of a licensing authority, in granting a licence under this section as respects any premises,—

(a)to impose conditions or restrictions prohibiting the admission of children to film exhibitions involving the showing of works designated, by the authority or by such other body as may be specified in the licence, as works unsuitable for children; and

(b)to consider what (if any) conditions or restrictions should be imposed as to the admission of children to other film exhibitions involving the showing of works designated, by the authority or by such other body as may be specified in the licence, as works of such other description as may be so specified.

2 Consent required for exhibitions for children

(1)Subject to sections 5 and 6 below, no premises shall be used, except with the consent of the licensing authority, for a film exhibition organised wholly or mainly as an exhibition for children.

(2)Subject to regulations under section 4 below, a licensing authority may, without prejudice to any conditions or restrictions imposed by them on the granting of a licence, impose special conditions or restrictions on the granting of a consent under this section.

3 Grant, renewal and transfer of licence or consent

(1)An applicant for the grant, renewal or transfer of a licence shall give to—

(a)the licensing authority,

(b)the fire authority, and

(c)the chief officer of police,

not less than 28 days’ notice of his intention to make the application.

F1(1A)An applicant for the grant, transfer, renewal or variation of an annual licence shall furnish such particulars and give such other notices as the licensing authority may by regulation prescribe: Provided that no regulation made under this section shall require the public advertisement of an application for—

(a)renewal or transfer of a licence; or

(b)a variation of a licence where that variation relates to a single period of not more than 24 hours and where that licence has not been previously varied more than 12 times within the 12 months preceding the day on which the application is made.

(2)The licensing authority may in such cases as they think fit, after consulting with the fire authority and the chief officer of police, grant an application for the grant, renewal or transfer of a licence notwithstanding the fact that the applicant has failed to give notice in accordance with subsection (1) above.

(3)In considering any application for the grant, renewal or transfer of a licence, the licensing authority shall have regard to any observations submitted to them by the fire authority or by the chief officer of police.

(4)Unless revoked under section 12 below, a licence shall remain in force for one year or for such shorter period as the licensing authority on the grant of the licence may determine.

(5)A licensing authority may transfer any licence granted by them to such other person as they think fit.

(6)Where, before the date of expiry of a licence, an application has been made for its renewal or transfer, the licence shall be deemed to remain in force or, as the case may require, to have effect with any necessary modifications until the determination of the application by the licensing authority or the withdrawal of the application.

(7)There shall be paid in respect of the grant, renewal or transfer of a licence such fees as may be fixed by the licensing authority, not exceeding—

(a)in the case of a grant or renewal for one year, [F2£600.00];

(b)in the case of a grant or renewal for any less period, [F3£200.00] for each month for which the licence is granted or renewed but so that the aggregate of the fees payable in any year does not exceed [F2£600.00]; or

(c)in the case of a transfer, [F4£120.00].

(8)The Secretary of State may by order amend subsection (7) above so as to vary any sum specified in that subsection or so as to provide that any sum payable under that subsection shall cease to be so payable; and an order under this subsection may be limited to such cases as may be specified by the order and may make different provision for different cases specified in the order.

(9)An order under subsection (8) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this Act, except where the contrary intention appears,—

• “chief officer of police”, in relation to any premises, means the chief officer of police for the police area in which the premises are situated;

• “fire authority”, in relation to any premises, means the authority discharging in the area in which the premises are situated the functions of fire authority under the M1Fire Services Act 1947;

• “licence” means a licence under section 1 above or a consent under section 2 above and references to a licence of either kind shall be construed accordingly;

• “licensing authority”, in relation to any premises, means the local authority in whose area the premises are situated.

3 Grant, renewal and transfer of licence or consent

(1)An applicant for the grant, renewal or transfer of a licence shall give to—

(a)the licensing authority,

(b)the fire authority, and

(c)the chief officer of police,

not less than 28 days’ notice of his intention to make the application.

(2)The licensing authority may in such cases as they think fit, after consulting with the fire authority and the chief officer of police, grant an application for the grant, renewal or transfer of a licence notwithstanding the fact that the applicant has failed to give notice in accordance with subsection (1) above.

(3)In considering any application for the grant, renewal or transfer of a licence, the licensing authority shall have regard to any observations submitted to them by the fire authority or by the chief officer of police.

(4)Unless revoked under section 12 below, a licence shall remain in force for one year or for such shorter period as the licensing authority on the grant of the licence may determine.

(5)A licensing authority may transfer any licence granted by them to such other person as they think fit.

(6)Where, before the date of expiry of a licence, an application has been made for its renewal or transfer, the licence shall be deemed to remain in force or, as the case may require, to have effect with any necessary modifications until the determination of the application by the licensing authority or the withdrawal of the application.

(7)There shall be paid in respect of the grant, renewal or transfer of a licence such fees as may be fixed by the licensing authority, not exceeding—

(a)in the case of a grant or renewal for one year, [F1£600.00];

(b)in the case of a grant or renewal for any less period, [F2£200.00] for each month for which the licence is granted or renewed but so that the aggregate of the fees payable in any year does not exceed [F1£600.00]; or

(c)in the case of a transfer, [F3£120.00].

(8)The Secretary of State may by order amend subsection (7) above so as to vary any sum specified in that subsection or so as to provide that any sum payable under that subsection shall cease to be so payable; and an order under this subsection may be limited to such cases as may be specified by the order and may make different provision for different cases specified in the order.

(9)An order under subsection (8) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this Act, except where the contrary intention appears,—

• “chief officer of police”, in relation to any premises, means the chief officer of police for the police area in which the premises are situated;

• “fire authority”, in relation to any premises, means the authority discharging in the area in which the premises are situated the functions of fire authority under the M1Fire Services Act 1947;

• “licence” means a licence under section 1 above or a consent under section 2 above and references to a licence of either kind shall be construed accordingly;

• “licensing authority”, in relation to any premises, means the local authority in whose area the premises are situated.

4 Regulations by Secretary of State

(1)Subject to sections 5 and 6 below, no film exhibition shall be given unless regulations made by the Secretary of State under this section are complied with.

(2)The matters for which provision may be made by regulations under this section are—

(a)safety in connection with the giving of film exhibitions (including the keeping and handling, in premises where other entertainments are being given or meetings held, of cinematograph film used or to be used for the purpose of film exhibitions or other articles or equipment so used or to be used);

(b)the health and welfare of children in relation to attendance at film exhibitions.

(3)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Exempted exhibitions

5 Exhibitions in private dwelling-houses

(1)This section applies to any film exhibition which—

(a)is given in a private dwelling-house,

(b)is one to which the public are not admitted, and

(c)satisfies the condition mentioned in subsection (2) below.

(2)The condition referred to in subsection (1) (c) above is that either—

(a)the exhibition is not promoted for private gain, or

(b)the sole or main purpose of the exhibition is to demonstrate any product, to advertise any goods or services or to provide information, education or instruction.

(3)The following exemptions have effect in relation to any film exhibition to which this section applies, that is to say—

(a)a licence shall not be required by reason only of the giving of the exhibition;

(b)where the exhibition is given in premises in respect of which a licence is in force, no condition or restriction on or subject to which the licence was granted shall apply to the exhibition;

(c)regulations under section 4 above shall not apply to the exhibition.

6 Other non-commercial exhibitions

(1)Subject to subsections (4) and (5) below, this section applies to any film exhibition (other than one to which section 5 above applies) which—

(a)is one to which the public are not admitted or are admitted without payment, or

(b)does not fall within paragraph (a) above but is given by an exempted organisation,

and (in either case) satisfies the condition mentioned in subsection (2) below.

(2)The condition referred to in subsection (1) above is that either—

(a)the exhibition is not promoted for private gain, or

(b)the sole or main purpose of the exhibition is to demonstrate any product, to advertise any goods or services or to provide information, education or instruction.

(3)The following exemptions have effect in relation to any film exhibition to which this section applies, that is to say—

(a)a licence under section 1 above shall not be required by reason only of the giving of the exhibition unless the pictures are produced by means specified in regulations under section 4 above as means involving such risk that it is inexpedient that this paragraph should have effect;

(b)where the exhibition is given in premises in respect of which a licence under section 1 above is in force, no condition or restriction on or subject to which the licence was granted shall apply to the exhibition except so far as it relates to the matters specified in section 4(2)(a) above;

(c)a consent under section 2 above shall not be required by reason only of the giving of the exhibition;

(d)where the exhibition is given in premises in respect of which a consent under section 2 above is in force, no condition or restriction on or subject to which the consent was granted shall apply to the exhibition;

(e)regulations under section 4 above making such provision as is mentioned in subsection (2)(b) of that section shall not apply to the exhibition and regulations under that section making such provision as is mentioned in subsection (2)(a) of that section shall not apply to the exhibition unless it is given in premises in respect of which a licence under section 1 above is in force.

(4)A film exhibition is excluded from being one to which this section applies if it is organised solely or mainly as an exhibition for children who are members of a club, society or association the principal object of which is attendance at film exhibitions, unless the exhibition is given in a private dwelling-house or as part of the activities of an educational or religious institution.

(5)A film exhibition is excluded from being one to which this section applies by virtue of paragraph (b) of subsection (1) above if on more than three out of the last preceding seven days the premises in question were used for the giving of a film exhibition to which this section applied by virtue of that paragraph.

(6)In this section “exempted organisation” means a society, institution, committee or other organisation with respect to which there is in force at the time of the exhibition in question a certificate given by the Secretary of State certifying that he is satisfied that the organisation is not conducted or established for profit; and there shall be paid to the Secretary of State in respect of the giving of such a certificate such reasonable fee as he may determine.

(7)The Secretary of State shall not give such a certificate with respect to any organisation—

(a)the activities of which appear to him to consist of or include the giving of film exhibitions promoted for private gain, or

(b)the objects of which do not appear to him to consist of or include the giving of film exhibitions to which the public are admitted;

and the Secretary of State may revoke such a certificate at any time if it appears to him that, since the certificate was given, the activities of the organisation have consisted of or included the giving of film exhibitions promoted for private gain.

(8)Any certificate given by the Commissioners of Customs and Excise under section 5(4) of the M1Cinematograph Act 1952 before the commencement of the M2Cinematograph (Amendment) Act 1982 shall have effect as if given by the Secretary of State.

7 Exhibitions in premises used occasionally

(1)Where the premises in which it is proposed to give a film exhibition are premises used occasionally and exceptionally only, and not on more than six days in any one calendar year, for the purposes of such an exhibition, it shall not be necessary to obtain a licence under section 1 above if—

(a)the occupier of the premises has give to the licensing authority, to the fire authority and to the chief officer of police, not less than seven days’ notice in writing of his intention so to use the premises; and

(b)he complies with any regulations under section 4 above and, subject to any such regulations, with any conditions imposed by the licensing authority and notified to him in writing.

(2)For the purposes of subsection (1) above, the giving in any premises of an exhibition to which section 5 or 6 above applies shall be disregarded.

8 Exhibitions in movable buildings, etc

(1)Where it is proposed to give a film exhibition in any building or structure of a movable character, it shall not be necessary to obtain a licence under section 1 above from the local authority in whose area the exhibition is to be given (“the appropriate authority”) if—

(a)the owner of the building or structure has been granted a licence under section 1 above in respect of that building or structure by the local authority in whose area he ordinarily resides;

(b)he has given to the appropriate authority, to the fire authority and to the chief officer of police not less than two days’ notice in writing of his intention to give the exhibition; and

(c)he complies with any regulations under section 4 above and, subject to any such regulations, with any conditions imposed by the appropriate authority and notified to him in writing.

(2)In subsection (1)(b) above—

• “chief officer of police” means the chief officer of police for the police area in which the exhibition is to be given;

• “fire authority” means the authority discharging in the area in which the exhibition is to be given the functions of fire authority under the M1Fire Services Act 1947.

Exhibitions on Sundays

9 Exhibitions on Sundays

(1)A person shall not be guilty of an offence under the M1Sunday Observance Act 1780—

(a)by reason of his having managed, conducted, assisted at or otherwise taken part in or attended or advertised a film exhibition at any premises allowed under this section to be opened and used on Sundays for the purpose of film exhibitions; or

(b)by reason of his being the keeper of any premises opened and used on Sundays for the purpose of any film exhibition for which they are allowed under this section to be so opened and used.

(2)The licensing authority may allow premises in respect of which a licence under section 1 above is in force to be opened and used on Sundays for the purpose of film exhibitions, subject to conditions for securing that the requirement mentioned in subsection (3) below is satisfied and to such other conditions as the authority think fit to impose.

(3)The requirement referred to in subsection (2) above is that no person will be employed by any employer on a Sunday in connection with a film exhibition or any other exhibition or entertainment given with a film exhibition who has been employed on each of the six previous days either by that employer in any occupation or by any other employer in connection with similar exhibitions or entertainments.

(4)In the event of any contravention of any condition subject to which premises were allowed under this section to be opened and used on Sundays for the purpose of film exhibitions, the holder of the licence granted under section 1 above in respect of those premises shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5)If, in any premises allowed under this section to be opened and used on Sundays for the purpose of film exhibitions, any person is employed on a Sunday contrary to the conditions subject to which the premises were allowed to be so opened and used, but it is proved that his employment fell within subsection (6) or (7) below, that employment shall be taken not to have been a contravention of those conditions.

(6)A person’s employment on a Sunday falls within this subsection if—

(a)his employment was solely due to an emergency caused by a mechanical breakdown, or to the unavoidable absence of a skilled worker due to attend on the Sunday for whom no substitute could readily have been obtained; and

(b)the emergency was notified to the licensing authority within twenty-four hours after it occurred; and

(c)he received a day’s rest in lieu of that Sunday.

(7)A person’s employment on a Sunday falls within this subsection if—

(a)he was employed contrary to the conditions by reason only of his having been employed on each of the six days previous to that Sunday in connection with similar exhibitions or entertainments by an employer other than the employer (“the later employer”) who employed him on the Sunday; and

(b)the later employer had, after making due inquiry, reasonable ground for believing that he had not been so employed.

(8)This section does not extend to Scotland.

Enforcement

10 Offences

(1)If—

(a)any premises in respect of which a licence under section 1 above is not in force are used for an exhibition which requires such a licence,

(b)any premises in respect of which a consent under section 2 above is not in force are used for an exhibition which requires such a consent,

(c)any premises in respect of which a licence of either kind is in force are used for an exhibition which requires a licence of that kind and are so used otherwise than in accordance with the terms, conditions or restrictions on or subject to which the licence is held,

(d)any premises in respect of which a licence under section 1 above is in force are used for an exhibition to which section 6 above applies and are so used otherwise than in accordance with the conditions or restrictions on or subject to which the licence is held, so far as they relate to the matters specified in section 4(2)(a) above, or

(e)any premises are used for an exhibition to which regulations under section 4 above apply and are so used in contravention of those regulations,

then, subject to subsection (3) below, each of the persons mentioned in subsection (2) below shall be guilty of an offence.