Agenda and minutes

Licensing Sub-Committee - Thursday, 27th July, 2023 3.00 pm

Venue: Council Chamber - The Guildhall, Portsmouth. View directions

Contact: Democratic Services 023 9268 8014  Email: Democratic@Portsmouthcc.gov.uk

Items
No. Item

31.

Appointment of Chair

Minutes:

Councillor Stuart Brown was elected as Chair.

32.

Apologies for absence

Minutes:

There were no apologies for absence.

33.

Declarations of Members' Interests

Minutes:

There were no declarations of members' interests.

34.

Licensing Act 2003 - Section 20 - Mandatory Condition - Exhibition of Films - "Oh Jeremy Corbyn" - Portsmouth Film Society CIC - Palmerston Road Southsea - 23/00285/LAPREM pdf icon PDF 94 KB

Purpose

The purpose of this report is for the Committee to exercise its statutory powers as Licensing Authority to impose an age classification using the BBFC film classification categories in respect of a film exhibition to be shown at Portsmouth Film Society CIC, Palmerston Road, Southsea, Portsmouth.  The dates for the proposed screenings are scheduled for 6 and 9 August 2023.

 

The panel will have viewed this unclassified film prior to the meeting.

 

RECOMMENDED that the committee apply an age-appropriate film classification.

Additional documents:

Minutes:

Nickii Humphreys, Licensing Manager, introduced the report, explaining the need for the Sub-Committee to classify the film in the absence of a BBFC classification so that it could be shown at a screening at Portsmouth Film Society CIC, Palmerston Road, Southsea on 6 and 9 August 2023.  Therefore, an age-appropriate condition needed to be considered.  The Sub-Committee had had the opportunity to view the film immediately prior to the Sub-Committee meeting.  Members had been provided with the BBFC classification guidelines.

 

The Sub-Committee approved the decision as outlined below, which would form part of the certificate provided to Portsmouth Film Society CIC and Aysegul Epengin as the applicant.

 

Decision

In the matter of an application for the Sub-Committee to impose age classifications using the British Board of Film Classification (BBFC) categories in respect of a screening of a film to be shown at Portsmouth Film Society CIC, Palmerston Road, Southsea.

 

Section 20 of the Licensing Act 2003 provides that where a premises licence or club premises certificate authorises the exhibition of a film, it must include a condition requiring the admission of children (those aged under 18) to the films to be restricted in accordance with recommendations given either by a body designated under section 4 of the Video Recordings Act 1984 specified in the licence (currently BBFC) or by the licensing authority itself for the area in which it is to be shown.

 

This Sub-Committee was engaged by reason of the request of the applicant, Aysegul Epengin, on behalf of the Portsmouth Film Society.  The film had not been classified by the BBFC and therefore the licensing authority was required to impose an age classification to it.  The classification decided would only be relevant to viewing the film in Portsmouth.

 

The Sub-Committee viewed the film in its entirety and heard the representation of the relevant licensing authority, being the Responsible Authority in this matter.

 

Whilst carrying out its functions, the Licensing Authority recognises the need to promote and have regard to the licensing objectives set out in the 2003 Act.  The principle licensing objective engaged in this application was the protection of children from harm.

 

In addition to viewing the film in its entirety, the Sub-Committee considered all the papers put before them along with the appendix attached which was the BBFC Classification Guidelines - these being non-statutory but persuasive and relevant.

 

The Sub-Committee confirmed the following reasoning was adopted in reaching the classification:

 

The film 'Oh Jeremy Corbyn' was described as a feature documentary.  It contained a theme of discrimination and there were mild and infrequent incidents of bad language.  The discriminatory language and behaviour shown was given within an educational context and was not endorsed by the film.

 

Given the above reasoning the Sub-Committee ascribed a "PG" classification having considered the Act and the guidance contained in the BBFC guidance.  This category was passed for general viewing but some scenes may be unsuitable for younger children.