Cinema Regulation
The Cinemas (Northern Ireland) Orders provide for the licensing of film exhibition. A District Council may grant a licence to a person if it thinks the person is fit to use the premises specified in the licence for the purpose of film exhibition.
The council may impose conditions and restrictions prohibiting the admission of children to film exhibitions involving the showing of works designated by the council as unsuitable for children or by such other bodies as may be specified. It may consider what conditions and restrictions should be placed on the admission of children to film exhibitions involving the showing of works so designated.
No premises may be used, except with the consent of the District Council, for a film exhibition organized wholly or mainly as an exhibition for children.
Notice of the application must be given at least 28 days in advance to the District Council, the fire authorities, and the appropriate sub-divisional commander of the police. The District Council, after consulting with the police and fire authorities, may grant the licence, refuse it, or renew it or transfer it.
A District Council may transfer licences to persons it thinks fit. Licences are deemed to remain in force until their application is determined. Licences are generally annual.
There are prescribed fees for licences, £600 for the year 2014. The sum may be amended by order.
Regulations may be made by the Department in relation to safety in connection with film exhibitions. This may include matters relating to the keeping and holding of cinematographic film and the health and welfare of children.
There are exemptions for film exhibitions in private houses to which the public are not admitted and which satisfy the condition that they are not promoted for private gain, and the sole or main purpose is to demonstrate any product, advertise any goods or services, or provide information, education, or instruction. A licence is not required by reason only of the giving of the exhibition, and regulations do not apply if such an exhibition takes place on licensed premises.
There are a number of other exceptions for non-commercial exhibitions. The exemption is subject to conditions. The exemption does not apply if it is organized solely or mainly for the exhibition for children who are members of a club or society, the principal object of which is attendance at the film exhibitions unless the exhibition is given at a private house or is part of the activities of an educational or religious institution. It is not available if, in the case of an exempted organization, on more than three of the last preceding seven days, the premises has been used for a film exhibition.
Exempted organizations mean societies, committees, and organizations in respect of which there is a certificate by the Health and Safety Executive certifying that it is satisfied that the organization is not established for profit.
There is an exemption for exhibitions in premises used occasionally, not more than six days in one calendar year. The occupier must give 14 days’ notice to the District Council and to the fire authority of the proposal to use the premises; it must comply with the regulations applicable generally and further conditions as may be imposed by the council.
There are exemptions for exhibitions in movable buildings if the owner of the building has been granted a licence in respect of the building or structure; he has given notice to the District Council, fire services authority, and the police, seven days’ notice, and he complies with the regulations above.
A District Council may allow premises in respect of which licences are in force to be used on Sundays for the purpose of film exhibitions, subject to conditions to protect employees. Generally, the Sunday Observance Act (Ireland), 1695 does not prohibit the exhibition of films on any premises allowed under the legislation on Sundays.
It is an offence to use premises for the exhibition of films without a licence or in breach of a licence or other required consent. Persons concerned in the organisation, the holder of the licence in the case of a breach, and other persons knowing or having reasonable cause to suspect that the premises would be so used and allowing it to be used are guilty of an offence. It is a defence that a person took all reasonable precautions and exercised all due diligence to avoid the offence being committed.
Appeals against refusal or revocation. A decision of transfers and refusals of transfers, imposition of conditions, and refusal of transfers are appealed to the county court. Conditions regarding Sunday use are similarly appealable to the county court. Notice of appeal is to be given to the parties to the original application, including the council, fire officer, and police as the legislation requires in respect of such applications.