Agenda item

The report of Linda Holland (Licensing Manager) seeks to ask the Licensing Committee to consider a charging regime in relation to the classification of films by Wiltshire Council and to review the procedure and implement an associated fee structure.

The report attached to the Agenda sought approval from the Committee to consider a charging regime in relation to the classification of films by Wiltshire Council and to review the procedure and implement a fee structure.  Linda Holland (Licensing Manager) highlighted the following:

• Following a review of the process it would appear more effective to bring film classification in line with other licensing processes.  The changes proposed were felt to be more practical with two Licensing Officers watching and then classifying films to reduce the burden in arranging a Licensing Sub Committee which would currently require attendance from three Councillors, Legal, Licensing and Democratic Services representatives;

• There is currently no legal right of appeal for film classification decision and a challenge to a film classification can only be made by an application to judicially review the decision; and

• Officers had carried out benchmarking of fees from other local authorities and had set out what they considered to be reasonably proportionate fees to watch and carry out the associated admin work of processing the applications to classify films.

The Chairman commented that the proposed fees were close to that of Mendip but there was quite a variation in relation to what Oxford were charging.  Linda Holland reported that she had looked how the fee structures are calculated for our other services and had come up with a cost that equated to the Officer’s time.

Sarah Marshall (Principal Solicitor) advised the Committee that some film classifications may require a hearing by a Licensing Sub Committee in exceptional circumstances if needed.

A Committee member noted that the BBFC offered a 50% reduction for any charities that apply to have a film classified and asked about the appeals process and we could state if applications were not received within the specified timescales that they would not be considered.  Linda Holland reported that there was no right of appeal in law but that any decision could be the subject of a judicial review.  They could consider setting up an appeals process if this was wished for by the Committee.

It was then proposed and seconded that an appeals process be set up so that anyone wishing to appeal the Officer’s decision would go before a meeting of the Licensing Sub Committee before this went to a judicial review.  This motion was carried and would be added to the main proposals later in the meeting.

Linda Holland reported that in relation to a possible cost reduction for charities this was considered but not taken forward as that would not cover the costs of dealing with the application.

It was proposed that there be a 50% reduction in fees to registered charities but this motion was not seconded so fell away.

Resolved:

That the Licensing Committee

1.         Agree and adopt the amendments to the film classification procedure, including the setting up of an appeals process through the Licensing Sub Committee.

2.         Approve the delegation to the Licensing Manager and/or Licensing Officers for the classification or reclassification of films.

3.         That Part 3, Section D of the Scheme of Delegation specific to the Licensing Act 2003 in terms of reference of the Licensing function, be amended as follows: To determine film classification restrictions where there has been no classification by the British Board of Film Classification, be delegated to Officers, but that any appeals against the Officers decisions be dealt with by the Licensing Sub Committee.

4.         Agree the fees as set out below in respect of film classifications carried out by Wiltshire Council.

i)             Cost of viewing a film be charged at £100 for the first hour plus £20 for each additional 15 minutes or part thereof

ii)            The administrative fee per single film be charged at £25

iii)          For film festivals of between 1 and 25 films this be charged at £110 for the first hour plus £20 for each additional 15 minutes or part thereof plus a one off admin charge of £35 to watch all films

iv)          For film festivals of between 26 and 50 films this be charged at £130 for the first hour plus £20 for each additional 15 minutes or part thereof plus a one off admin charge of £35 to watch all films

5.         Recommend to Council that the fees detailed above in 4. be approved as the charges for film classifications.