Cinematograph (Amendment) Act 1982
| Jurisdiction | UK Non-devolved |
| Citation | 1982 c. 33 |
| Year | 1982 |
Cinematograph(Amendment) Act 1982
1982 CHAPTER 33
An Act to extend and amend the Cinematograph Acts 1909 and 1952.
[13th July 1982]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Extension of 1909 Act to certain other exhibitions of moving pictures.
1. Subject to the provisions of—
the 1909 Act and (except so far as they otherwise provide) any regulations made under it shall apply as respects all exhibitions of moving pictures which are produced otherwise than by the simultaneous reception and exhibition of television programmes broadcast by the British Broadcasting Corporation or the Independent Broadcasting Authority or distributed by a system licensed by the Secretary of State under section 89 of the Post Office Act 1969.
2 Exclusion of exhibitions promoted for private gain from certain exemptions under the 1909 and 1952 Acts.
(1) Subject to subsection (2) below, an exhibition which is promoted for private gain shall be excluded—
(a ) from the exhibitions to which section 7(4) of the 1909 Act (exhibitions in private dwelling houses) applies; and
(b ) from the exhibitions which are exempted exhibitions for the purposes of section 5 of the 1952 Act.
(2) Subsection (1) above does not apply to an exhibition the sole or main purpose of which is to demonstrate any product, to advertise any goods or services or to provide information, education or instruction.
(3) An exhibition is promoted for private gain if, and only if,—
(a ) any proceeds of the exhibition, that is to say, any sums paid for admission to the exhibition; or
(b ) any other sums (whenever paid) which, having regard to all the circumstances, can reasonably be regarded as paid wholly or partly for admission to the exhibition; or
(c ) where the exhibition is advertised (whether to the public or otherwise), any sums not falling within paragraph (b ) above which are paid for facilities or services provided for persons admitted to the exhibition,
are applied wholly or partly for purposes of private gain.
(4) If in proceedings for an offence under section 7(1) below any question arises whether an exhibition was promoted for private gain and it is proved—
(a ) that any sums were paid for admission to the exhibition or to the premises at which it was given and that the exhibition was advertised to the public; or
(b ) that any sums were paid for facilities or services provided for persons admitted to the exhibition and that the exhibition was advertised (whether to the public or otherwise); or
(c ) that the amount of any payment falling to be made in connection with the promotion of the exhibition was determined wholly or partly by reference to the proceeds of the exhibition or any facilities or services provided for persons admitted to it,
the exhibition shall be deemed to have been promoted for private gain unless the contrary is shown.
(5) Where an exhibition is promoted by a society which is established and conducted wholly for purposes other than purposes of any commercial undertaking and sums falling within subsection (3) above are applied for any purpose calculated to benefit the society as a whole, the exhibition shall not be held to be promoted for private gain by reason only that the application of those sums for that purpose results in benefit to any person as an individual.
(6) In subsection (5) above ‘society’ includes any club, institution, organisation or association of persons, by whatever name called.
3 Applications for grant, renewal or transfer of licence or consent.
(1) An applicant for the grant, renewal or transfer of a licence shall give to—
(a ) the licensing authority;
(b ) the fire authority; and
(c ) the chief officer of police,
not less than 28 days' notice of his intention to make the application.
(2) The licensing authority may in such cases as they think fit, after consulting with the fire authority and the chief officer of police, grant an application for the grant, renewal or transfer of a licence notwithstanding the fact that the applicant has failed to give notice in accordance with subsection (1) above.
(3) In considering any application for the grant, renewal or transfer of a licence, the licensing authority shall have regard to any observations submitted to them by the fire authority or by the chief officer of police.
(4) Where, before the date of expiry of a licence, an application has been made for its renewal or transfer, the licence shall be deemed to remain in force or, as the case may require, to have effect with any necessary modifications until the determination of the application by the licensing authority or the withdrawal of the application.
(5) In this Act, unless the contrary intention appears, ‘licence’ means a licence under section 2 of the 1909 Act or a consent under section 4 of the 1952 Act, and references to a licence of either kind shall be construed accordingly.
4 Appeals against decisions of licensing authority.
(1) Any person aggrieved—
(a ) by the refusal or revocation of a licence;
(b ) by any terms, conditions or restrictions on or subject to which a licence is granted; or
(c ) by the refusal of a renewal or transfer of a licence,
may appeal to the Crown Court or, in Scotland, to the sheriff.
(2) Where the decision against which an appeal under this section is brought was given on an application of which (in accordance with section 3(1) above) notice was required to be given to a fire authority and a chief officer of police, any notice of appeal under this section against that decision shall be given to that authority and that officer as well as to any other person to whom it is required to be given apart from this subsection.
(3) Where a licence is revoked it shall be deemed to remain in force during the period within which an appeal under this section may be brought and, if such an appeal is brought, until the determination or abandonment of the appeal.
(4) Where an application for the renewal or transfer of a licence is refused, the licence shall be deemed to remain in force or, as the case may require, to have effect with any necessary modifications—
(a ) during any period within which an appeal under this section may be brought and, if such an appeal is brought, until the determination or abandonment of the appeal; and
(b ) where such an appeal is successful, until the licence is renewed or transferred by the licensing authority.
5 Power of entry.
(1) Where a constable or an authorised officer of the licensing authority or of the fire authority has reasonable cause to believe that—
(a ) any premises in respect of which a licence of either kind is in force are being or are about to be used for an exhibition which requires a licence of that kind;
(b ) any premises in respect of which a licence under section 2 of the 1909 Act is in force are being or are about to be used for an exempted exhibition; or
(c ) any premises in respect of which notice has been given under subsection (2) (occasional exhibitions) or subsection (3) (exhibitions in moveable buildings or structures) of section 7 of that Act are being or are about to be used for an exhibition which, but for that subsection, would require a licence under section 2 of that Act,
he may enter and inspect the premises with a view to seeing whether the relevant provisions are being complied with.
(2) An authorised officer of the fire authority may, on giving not less than 24 hours' notice—
(a ) to the occupier of any premises in respect of which a licence is in force; or
(b ) to the occupier of any premises in respect of which notice has been given under section 7(2) or (3) of the 1909 Act,
enter and inspect the premises for the purpose of ensuring that there are adequate fire precautions and of seeing whether the relevant provisions, so far as relating to fire precautions, are being complied with.
(3) A constable or authorised officer of the licensing authority may enter and search any premises in respect of which he has reason to suspect that an offence under section 7(1) below has been, is being or is about to be committed if authorised to do so by a warrant granted by a justice of the peace or, in Scotland, by a sheriff, stipendiary magistrate or justice of the peace.
(4) Where an authorised officer of the licensing authority or of the fire authority enters any premises in the exercise of any power under this section he shall, if required to do so by the occupier, produce to the occupier his authority.
(5) Any person who intentionally obstructs the exercise of any power conferred by this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding 200.
(6) In this section ‘relevant provisions’ means—
(a ) in a case falling within subsection (1)(a ) or (2)(a ) above, regulations under the 1909 Act and the terms, conditions and restrictions on or subject to which the licence is held;
(b ) in a case falling within subsection (1)(b ) above, regulalations under the 1909 Act making such provision as is mentioned in paragraph (a ) of section 2(1) of the 1952 Act and the conditions and restrictions on or subject...
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