Annex 1 - Mandatory conditions
MC4
The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made
a) by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or
b) by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) (74(3)(b) for clubs) of the Licensing Act 2003 applies to the film.
S20/74 Licensing Act 2003
ELDC - GENERAL CONDITIONS ATTACHED TO CINEMATOGRAPH LICENCES
1. Times of Opening
The licensed premises shall not be opened for the purposes for which the licence is granted earlier than 9 o’ clock in the morning and shall be closed not later than 12 midnight in the evening on Mondays to Saturdays inclusive.
The premises shall not be opened under this licence on Good Fridays (consent given in respect of Good Friday only on 18 April 2006) or Christmas Day, except with the previous consent in writing of the Licensing Authority.
2. Conditions Restricting Exhibition of and Admission to Certain Categories of Films
(1) In these Conditions the following expressions shall have the meaning assigned to them: -
“U (Universal) Film” means a film passed as suitable for audiences aged four years and over.
“PG (Parental Guidance) Film” means a film passed for universal exhibition but containing some material, which may be unsuitable for young children.
“12A Film” means a film passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
“15 Film” means a film passed only for viewing by persons aged 15 years and over.
“18 Film” means a film passed only for viewing by persons aged 18 years and over.
“Trailer” means a film advertising a future programme at the premises and any other film of a length less than one complete reel.
“Flash” means any other film of not more than 3 minutes duration.
For the purposes 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 Authority or included in a cable programme service which is or does not require to be licensed by the Cable Authority under Section 4 of the Cable and Broadcasting Act 1984.
(2) No film shall be exhibited unless: -
(a) it has received a “U”, “PG”, “12A”, “15” or “18” certificate of the British Board of Film Classification; or
(b) it is a current newsreel which has not been submitted to the British Board of Film Classification; or
(c) The Licensing Authority has expressly consented in writing to the exhibition of the film.
(3) No person 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.
(4) 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.
(5) 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 that person is accompanied by an adult.
(6) If the Licensing Authority does not agree with the category in which any film passed by the British Board of Film Classification is placed, it shall, if it thinks fit, alter such category and, on notice of such alteration being given by the Licensing Authority to the Licensee, the film thereafter shall be treated as having been placed in the altered category and the conditions applicable to the exhibition of films in such altered category shall be complied with.
(7) Notwithstanding the conditions herein before contained, a film may be exhibited or 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. This condition does not relate to any film with an “18” classification.
(8) A representation or written statement of the terms of any certificate given by the British Board of Film Classification or by the Licensing Authority 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.
(9) No film shall be exhibited at the premises which is likely to be injurious to morality or to encourage or incite to crime, or to lead to disorder or to be in any way offensive in the circumstances to public feeling, or which contains any offensive representation of a living person. In the event of the Licensee being notified by the Licensing Authority in writing that it objects to the exhibition of any film on any of the above-mentioned grounds, such film shall not in any circumstances be exhibited. If on the receipt of a complaint on any of the above-mentioned grounds, the Licensing Authority requests the Licensee to exhibit to it any film complained of, he shall do so at such reasonable time as the Licensing Authority may in writing direct.
(10) Nothing in these conditions shall be deemed to relieve the Licensee of his personal responsibility for the exhibition of any film, which may, in the opinion of the Licensing Authority be detrimental to the public interest.
3. Conditions Relating to Advertisement of Films Exhibited or to be Exhibited at the premises
(1) There shall be prominently exhibited at each pubic entrance whenever the premises are open to the public, a notice indicating in tabular form and in clear bold letters and figures:
(a) the title of each film to be shown on that day, other than trailers and films of less than 5 minutes duration;
(b) the approximate times of commencement of each such film;
(c) whether each such film has received a “U”, “PG”, “12A”, “15” or “18” certificate from the British Board of Film Classification; and
(d) the effect of such “U”, “PG”, “12A”, “15” or “18” certificates in relation to the admission of persons under the age of 18 years.
(2) The nature of any certificate received in respect of a film from the British Board of Film Classification shall be clearly indicated by the figure “U”, “PG”, “12A”, “15” or “18”: in any advertisement of the film displayed at the premises.
(3) No advertisement displayed at the premises of a film to be exhibited at the premises shall depict as a scene or incident in the film any scene or incident which is not included in the film certified by the British Board of Film Classification or approved for exhibition by the Licensing Authority, as the case may be.
(4) 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 to 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. Admission Charges
(1) At premises which for the time being are used mainly for cinematograph exhibitions, the Licensee shall for at least half an hour previous to the opening of the premises to the public and during the whole time that the premises are so open, exhibit and keep exhibited in a conspicuous position at each entrance to the premises to the premises and so as to be easily seen by members of the public awaiting admission thereto, a plan or diagram in such form as may be approved by the Licensing Authority, clearly showing the seating accommodation for the public at the premises, together with a notice showing the prices charged for the various seats for every period of the day; and such prices shall not be raised during that day.
(2) Notices shall be exhibited in the auditorium of the premises or such other indication shall be given as may be approved by the Licensing Authority, in writing, showing clearing to persons inside the premises the position of the seats for which the respective prices are being charged as marked on the notices exhibited at the entrance to the premises in conformity with the requirements of the foregoing paragraph (1) of this condition.
5. Inspection of Ceilings
The licensee shall report to the Licensing Authority whenever it is proposed substantially to redecorate the premises or erect scaffolding in the auditorium with a view to the examination of the ceiling by an expert on behalf of the Licensee in the presence of a technical officer on behalf of the Licensing Authority. Certificates as to the result of such joint inspection shall be furnished to the Licensing Authority specifying any defects requiring remedial action.
Should five years elapse from the date of the last inspection, a special inspection shall forthwith be made in like manner to that referred to in the preceding paragraph, but such inspection may be a visual inspection followed by close investigation if defects are revealed or suspected.
The Licensing Authority reserve to themselves the right at any time to require a more frequent inspection.
In the event of the Licensee being required by the Licensing Authority by notice in writing to remedy any defects appearing from such inspections of the ceiling, the Licensee shall forthwith remedy such defects.
The presence of a technical officer representing the Licensing Authority at such inspection shall not relieve the Licensee of his responsibility for the safety of the building, nor impose upon the Authority any liability therefore.
6. Sanitary Facilities
The sanitary accommodation shall be maintained at all times in good order and repair to the satisfaction of the Licensing Authority and the Local Public Health Authority.
7. Maintenance of Order and Fire Precautions
(1) The licensee shall in all things conduct the premises decently, soberly and in an orderly manner and nothing contrary to sobriety, decency or good manners shall be performed, produced exhibited or represented therein.
(2) All attendants while on duty shall wear either distinctive clothing or headwear of uniform colour and design or white arm bands, 4 inches in width, bearing the word “Attendant”.
Any attendant shall report instantly to the Licensee or person in charge of the premises any case that comes to his or her notice of molestation of a child.
(3) In the event of an outbreak of fire, however slight, at the premises, immediate notification of the outbreak should be given by the quickest available means to the Lincolnshire Fire and Rescue.
(4) A rehearsal of the action to be taken by members of the staff in the event of fire or other emergency in accordance with the provisions of the Cinematograph (Safety) Regulations, 1955, shall be held at least once every three months. The Licensee shall notify the Licensing Authority at least seven days in advance that he intends to hold such a rehearsal.
(5) No rubbish or waste paper shall be stored or allowed to accumulate in any part of the premises. Storage of necessary combustible materials shall be in such positions as may be approved by the Licensing Authority.
8. Miscellaneous
(1) The regulations of the Secretary of State in force for the time being shall at all times be carried out and the terms, conditions and restrictions comprised in these General conditions shall be strictly observed.
(2) All parts of the premises and fittings therein, including the lighting, heating, electrical and ventilating installations, seating, floor coverings, door fastenings and notices, shall be maintained at all times in good order and condition. In the event of the Licensee being required by the Licensing Authority by notice in writing to remedy any defect in such maintenance, the Licensee shall forthwith remedy such defect.
(3) Alterations or additions, whether permanent or temporary, to the structure, lighting, heating, electrical or ventilating installations, or to the seating, gangways, exits or other arrangements, at the premises shall not be made except with the prior approval of the Licensing Authority.
(4) In these general conditions, the word “Licensee” shall, where the context so admits, include the owner of the cinematograph or other apparatus, the occupier of the licensed premises, the responsible person nominated by the Licensee to be in charge of the premises in pursuance of the regulations of the Secretary of State and any other person who is for the time being in charge of the premises.
(5) This licence must be kept in the licensed premises and must be accessible to the Licensee. The licence together with the nomination in writing of the person to be in charge of the premises and of the fire appliances respectively shall also be produced upon demand for inspection by any person authorised under Section 13 of the Cinematograph Act, 1985 (or subsequent legislation).
(6) This licence may be revoked if the Licensee fails to comply with any requirements of the Cinematograph Act 1985 (or subsequent legislation) or the Regulations made by the Secretary of State or the terms, conditions and restriction imposed by the Licensing Authority or in the event of the premises becoming otherwise unsafe.
(7) The Special conditions (if any) shown at (8) shall be strictly observed.
(8) The regulations laid down in the Cinematograph (Safety) Regulations 1955 must be complied with.
SUNDAY OPENING OF CINEMAS - ELDC Conditions attached to Licence
(1) That unless the previous consent of the Licensing Authority to any alteration of these times for a particular occasion be obtained, the doors of the premises be not opened to the public before 2pm and shall be closed not later than 11pm.
(2) That no stage or screen performance shall take place for 15 minutes after the doors are first open to the public but that public music be permitted during that period.
(3) That unless the previous consent of the Licensing Authority for one performance only for a particular occasion be obtained, two complete performances of the programme of cinematograph films shall be given at each opening.
(4) (i) That no person shall be employed by an employer 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.
(ii) That the duly authorised officer of the Council shall have access anD shall be given facilities at all times when the Cinema is opened to the public, to inspect the wage books and time sheets in respect of persons employed on Sundays, and such wage books and time sheets shall be kept available for such inspection at the Cinema. Further, there shall be produced to such duly authorised officer at his request substantive evidence that the terms of these conditions are being observed.
(5) That grant of permission to open on Sundays is liable to be withdrawn in the event of any contravention of the above conditions.
(6) If Christmas Day falls on a Sunday the premises shall remain closed, unless the previous consent of the Licensing Authority has been obtained in writing.
CONSENT FOR CINEMATOGRAPH EXHIBITIONS FOR CHILDREN
The Licensing Authority hereby consent for the premises known Loewen Cinema,, Quebec Road, Mablethorpe, , LN12 1LT to be used in the afternoon for the purpose of cinematograph exhibitions, whether given by means involving the use of films or otherwise, organised wholly or mainly for children, subject to the conditions and restrictions set out below.
This Consent is liable to be revoked by the Licensing Authority in the event of any contravention of the provisions of any relevant legislation or of any of the conditions and restrictions endorsed hereon or in the event of the building becoming otherwise unsafe or of any material alterations being made in the building or enclosure without the sanction of the Licensing Authority.
CONDITIONS AND RESTRICTIONS
Admission of children to balconies
(1) No child shall be permitted to occupy the front row of any balcony unless the child
is accompanied by and in the charge of a person who appears to have attained the
age of sixteen years.
Audience not to exceed permitted number
(2) The number of children permitted to attend cinematograph exhibitions on the
premises shall not exceed the number prescribed in writing by the Licensing Authority.
Seating
(3) Not more than 1 child shall be accommodated in any seat constructed to hold 1 person
only, but for the purpose of this regulation an infant in arms shall not be regarded as a
child.
Licence conditions to be complied with
(4) The conditions annexed to the licence for cinematograph exhibitions granted by the
Licensing Authority in respect of the premises shall be strictly complied with.
Instructions for emergencies
(5) The licensee shall, prior to the commencement of the performance, address the audience
or exhibit a slide on the screen instructing the children that they must not under any
consideration take notice of anyone causing an alarm because if anything unforeseen
occurs during the performance one of the staff will immediately go onto the stage and
advise the audience of the best way to leave the premises. If anything unforeseen does
not occur during the performance, the procedure thus explained to the audience must be
carried out.
The number of children permitted to attend cinematograph exhibitions on the premises shall
not exceed at any one time (figure not given).