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Deregulation Act 2015

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This is the original version (as it was originally enacted).

76Exhibition of films in community premises

This section has no associated Explanatory Notes

In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment), in Part 2 (exemptions), after paragraph 6 insert—

Film exhibitions: community premises

6A(1)The provision of entertainment consisting of the exhibition of a film at community premises is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the following conditions are satisfied.

(2)The first condition is that prior written consent for the entertainment to take place at the community premises has been obtained, by or on behalf of a person concerned in the organisation or management of the entertainment—

(a)from the management committee of the community premises, or

(b)where there is no management committee, from—

(i)a person who has control of the community premises (as occupier or otherwise) in connection with the carrying on by that person of a trade, business or other undertaking (for profit or not), or

(ii)where there is no such person, an owner of the community premises.

(3)The second condition is that the entertainment is not provided with a view to profit.

(4)The third condition is that the entertainment takes place in the presence of an audience of no more than 500 persons.

(5)The fourth condition is that the entertainment takes place between 8am and 11pm on the same day.

(6)The fifth condition is that the film classification body or the relevant licensing authority has made a recommendation concerning the admission of children to an exhibition of the film and—

(a)where a recommendation has been made only by the film classification body, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that body;

(b)where a recommendation has been made only by the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that authority;

(c)where recommendations have been made both by the film classification body and the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of the relevant licensing authority.

(7)In sub-paragraph (6) the reference to the “relevant licensing authority”, in relation to the exhibition of a film at particular community premises, is a reference to—

(a)the licensing authority in whose area the premises are situated, or

(b)where the premises are situated in the areas of two or more licensing authorities, those authorities or (as the context requires) such of those authorities as have made a recommendation.

(8)In this paragraph—

  • “children” and “film classification body” have the same meaning as in section 20;

  • “owner”, in relation to community premises, means—

    (a)

    a person who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or

    (b)

    a person who holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

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