ANNEXE 2
CONDITIONS TRANSFERRED FROM CINEMA LICENCE
CINEMAS ACT 1985
INTERPRETATION
In these conditions, the term "Licensing Authority" shall mean Torbay Borough Council or any officer acting on it's behalf, "Licence" shall mean the Cinema Licence issued or renewed from time to time by the Licensing Authority, "Premises" shall mean the building, land or any part thereof more particularly referred to in the Licence and "Licensee" shall be the person or those persons whose name or names are so indicated on the Licence.
GENERAL
1 No film shall be exhibited unless:-
() it has received a "U", "PG", "12A", "15", or "18" certificate of the British Board of Film classification or:
() it is a current newsreel which has not been submitted to the British Board of Film Classification.
1 No person apparently under the age of 18 years shall be admitted to any exhibition at which there is to be shown any film which has received an "18" certificate from the British Board of Film Classification.
2 No person apparently under the age of 15 years shall be admitted to any exhibition at which there is to be shown any film which has received a "15" certificate from the British Board of Film Classification.
3 No person apparently under the age of 12 years shall be admitted to any exhibition at which there is to be shown any film which has received a "12A" certificate from the British Board of Film Classification unless they are accompanied by a responsible adult above the age of 18.
4 Notwithstanding the conditions hereinbefore contained, a film may be exhibited and persons, or any class of persons, may be admitted thereto if the permission of the Licensing Authority is first obtained and any conditions of such permission are complied with.
5 A representation or written statement of the terms of any certification given to the British Board of Film Classification shall be shown on the screen immediately before the showing of any film to which it relates and the representation or statement shall be shown for long enough and in a form large enough for it to be read from any seat in the auditorium.
6 There shall be prominently exhibited at each public entrance whenever the premises are open to the public a notice indicating in tabular form and in clear and bold letters and figures:-
() the title of each film to be shown that day, other than trailers and films of less than 5 minutes duration;
() the approximate times of commencement of each film;
() whether each such film has received a "U", "PG", "12A", "15" or "18" certificate as referred to in 1(a) above; and
() the effect of such certificates in relation to the admission of persons under the age of 18 years.
1 The nature of any certificate received in respect of a film from the British Board of Film Classification shall be indicated by the figure or letter "U", "PG", "12A", "15" or "18" in any advertisement of the film displayed at the premises.
2 No advertisement displayed at the premises of a film to be exhibited at the premises shall depict as a scene or incident which is not included in the film as certified by the British Board of Film Classification or approved for exhibition by the Licensing Authority, as the case may be.
3 Where the Licensing Authority has given notice in writing to the Licensee of the premises objecting to an advertisement on the ground that, if displayed, it would offend against good taste or decency or be likely to encourage or incite to crime or to lead to disorder or be offensive to public feeling, that advertisement shall not be displayed at the premises except with the consent in writing of the Licensing Authority.
4 Where the Licensing Authority has given notice in writing to the Licensee of the premises prohibiting the exhibition of a film on the ground that, if exhibited, it would offend against good taste or decency or be likely to encourage or incite to crime or to lead to disorder or be offensive to public feeling, that film shall not be exhibited in the premises except with the consent in writing of the Licensing Authority.
5 For the purpose of this Licence, "film" means any exhibition of moving pictures produced otherwise than by the simultaneous reception and exhibition of television programmes broadcast by the British Broadcasting Corporation or the Independent Broadcasting Association or programmes included in the cable programme service which is, or does not require to be, licensed under Section 4 of the Cable and Broadcasting Act 1984.
6 No film shall be exhibited on any Christmas Day unless the Licensing Authority shall have granted to the Licensee a further Licence for the purpose. Should such exhibitions be required, at least 14 days notice in writing must be given to the Licensing Authority providing full details of the films to be shown which should generally be suitable for a family audience and recognise the special significance of the day. No film shall be exhibited on any Sunday unless the Licensee shall have applied for a Licence for such exhibition. Provided that such Licence has been applied for, the Conditions set out herein shall have effect.
7 No alteration to the structure of the premises nor to the existing seating arrangements, electrical installations or heating installations shall be carried out without the prior consent of the Licensing Authority, save that in an emergency, this condition shall not prevent the carrying out of repairs to meet the emergency only.
8 No redecoration of the auditorium requiring the erection of scaffolding therein shall be commenced without the prior consent of the Licensing Authority.
9 An authorised officer of the Local Authority or the Devon Fire and Rescue Service shall be admitted to the premises at any reasonable time and as frequently as deemed necessary.
CONTROL OF CINEMA EXHIBITIONS FOR CHILDREN
10 Provided that application is made by the Licensee for such exhibitions, the Licensee shall be permitted to organise at the premises cinematograph exhibitions wholly or mainly for children, ie. persons under the age of 16 years. During such exhibitions, at no time shall a child be permitted to be in the front row of any balcony unless accompanied by and in the charge of a person who appears to have attained the age of 16 years.
EXHIBITIONS ON SUNDAYS
11 Provided that application is made by the Licensee for such exhibitions, the Licensee shall be permitted to organise at the premises, cinematograph exhibition on Sundays, subject to the Conditions set out herein.
12 During the period of the Licence, no exhibition shall commence earlier than the hour of 9.30 am and shall end no later than 2.30 am. The public shall not be admitted to the Premises before the hour of 8.45 am.
13 No person shall be employed by any employer on the Premises on any Sunday in connection with a cinematograph entertainment or any other entertainment or exhibition given therewith 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 entertainments or exhibitions. For the purpose of this condition, "employed" shall include service voluntarily given or duties gratuitously performed.
14 A Notice, not less than 17 inches by 14 inches in size, to the effect of the foregoing Condition 20 shall be predominantly displayed in a position or positions in which it can be easily seen and read by all staff engaged on the premises.
15 The Licensee shall keep a register specifying the weekly hours of work of each employee and in each case the day of rest taken and such register and any other relevant staff records shall be available at any reasonable times for inspection.
16 Every person employed by any employer on any Sunday in connection with a cinematograph entertainment shall be paid rates of wages not less favourable than those commonly recognised by employers and trade societies or (in the absence of such recognised wages) those which, in practice, prevail amongst good employers in connection with cinematograph entertainments or exhibitions.
17 The Licence may be revoked at any time by the Licensing Authority in the event of any contravention of these conditions or at any time at the discretion of the Licensing Authority on three months notice in writing being given to the Licensee.
18 The conditions attached to the Cinematograph Licence which are not required to be observed on weekdays shall be complied with so far as the same are not inconsistent with these Conditions.
ALCOHOL
26 No alcohol shall be permitted within the premises except that supplied and consumed within the bar area.
27 No alcohol shall be sold, supplied or consumed except as permitted by the conditions imposed by the Licensing Justices.
PROCEDURE FOR RENEWAL OF LICENCES
Upon renewal of the Licence, it shall be the obligation of the Licensee to produce to the Licensing Authority the following written reports:-
1. A yearly report of inspection by the Chief Fire Officer or his representative as to the safety of the Premises in respect of fire, such report to contain the date of inspection.
2. A yearly report of inspection by a person deemed competent by the Licensing Authority as to the safety and adequacy of the electrical installation in the Premises, such report to state the date of inspection.
3. A yearly report of inspection by an authority or person deemed competent by the Licensing Authority as to the safety of the ceilings and ornamental plasterwork over all parts of the Premises to which the public have access, such report to contain the date of inspection and an opinion as to how often such inspections should be made. There shall be added to such report a further report of the Borough Engineer of the Borough of Torbay or other appropriate officer of the Borough as to:-
(a) his presence at the inspection (which shall be requested by the applicant)
(b) his satisfaction with the nature and thoroughness of the said inspection, and
(c) his opinion as to how often such inspection should be made.
Depending on the information contained in the above reports as to ceilings and plasterwork, the Licensing Authority may dispense with the requirement that the reports shall be yearly and allow these reports to be provided at five-yearly or other appropriate intervals.