A licence is required where premises are used for film exhibitions. This includes videos but not television broadcasts.

As from the 7th February 2005 the law will change. Cinemas after this date will become a licensable activity under the new Licensing Act 2003 

Licences are issued annually or monthly. There is no scope for an occasional licence but premises that are used for showing films on not more than six occasions in any calendar year are exempt from licensing.

If you propose to use any premises for the purposes of a film exhibition (defined as an exhibition of moving pictures) then you must, subject to the exemptions shown on this page, hold a licence issued to you under Section 1 of the Cinemas Act 1985. It is an offence to organise or manage an exhibition without the benefit of a licence.

Similarly, if you provide a film exhibition organised "wholly or mainly" for children (under the age of 16) then you must obtain the consent of the Council.

This information page tells you:

1. What the relevant legal requirements are.
2. What information we need from you to enable us to consider your application.
3. We will be asking you to complete an application form and to provide other information in order that we can process your application. All information received will be treated with respect and in confidence.

Film exhibitions are now primarily controlled under the Cinemas Act 1985. This act either repealed or consolidated various previous Cinematograph Acts between 1909 and 1982 although the main safety regulations to protect the public are still contained in the Cinematograph (Safety) Regulations 1955 (as amended).

In general terms a licence is required for any premises (but not outdoor or other open air exhibitions as the act does not define "premises" as including "any place") showing exhibitions defined as an exhibition of moving pictures" . . . which includes video films, but does not include exhibitions which constitute:

1. TV Programmes by the BBC
2. TV Programmes by ITV
3. Cable Programmes

Other film exhibitions that are exempt from licensing control are:

1. Exhibitions in a private dwelling house, with no general public admittance.

NOTE: There must be no private gain, i.e. no admission fees, or other fees paid for facilities or services for persons attending OR the main purpose of the exhibition is to demonstrate products, goods or services; to provide information, education or instruction.

1. Exhibitions of a non-commercial nature where the public are not admitted (for example cinema clubs open for members and guests) or are admitted without payment and exhibitions given by an exempt organisation.

NOTE: 'exempted' society, institution and/or committee organisations possessing a certificate from the relevant secretory of state may promote film exhibitions for payment without the need of a licence provided it is not for private gain.

1. Occasional exhibitions in premises on not more than 6 days in any one calendar year.
   

You must give 7 days notice to us, the Police and the Fire Authority of year intention to provide film exhibitions.

1. Exhibitions in movable buildings - provided the owner of the building has obtained a licence from the Council in whose area they normally reside.

It is our opinion, from the language and meaning of the Act, that licences are personal and applications should not therefore be submitted in the name of a company or other trading name although we would like you to tell us who is the owner or occupier of any premises.

Licences may be granted to persons if we think fit and will be subject to terms, conditions or restrictions - in particular we have a duty to protect young persons from viewing certain types of film exhibition. We will impose conditions on your licence to ensure both protection for children and to the general public using your premises.

Licences may be renewed, transferred or, if you are convicted of breaching the terms/conditions of your licence, revoked by us - licences are granted or renewed for a period of one year.

You must pay a statutory fee for your licence. We consult with the Police, Fire Authority, Ward Councillors and other council officers who offer technical advice to us in considering applications. We have the power to enter and inspect your premises to ensure that your conditions of licence are being complied with.

Appeal provisions against the refusal to grant, renew, transfer or imposition of conditions apply direct to the Crown Court. The Act (outside London) does not allow us to grant provisional licences for premises being built or constructed in accordance with deposited plans nor can we consider 'variation of conditions' applications during the term of a licence but can do so on renewal.