In this new resource, Ellie Hales looks at how exhibitors can get films classified by local authorities.
With the aim of demystifying the process, she presents context and arguments around the process, culminating in a simple how-to guide for film exhibitors wanting to screen films which haven’t been certified by the BBFC.
Most films shown at cinemas or other licensed venues will have been certified by the BBFC and the process of screening a film is relatively straightforward and familiar to exhibitors and audiences.
However, despite this wide acceptance of BBFC ratings, there are occasions where a cinema, distributor or other exhibitor may want to approach a local authority to ask them to provide their own rating for a film. For example:
- you want to screen a film in that local authority that has not been certified by the BBFC
- you don’t agree with the certificate given by the BBFC and want the local authority to provide a different rating that supersedes it for that locality
Local authority and the BBFC
The BBFC is an independent, non-governmental body which since 1912 has existed with the intention of helping viewers decide what is appropriate to watch. In particular, as BBFC president Natasha Kaplinski OBE notes, ‘It’s our mission at the BBFC to protect children from potential harm when viewing content.’ Whilst the BBFC’s emphasis is often directed at protecting children from viewing unsuitable material, both the BBFC and local authorities also have a responsibility to ensure a film’s content complies with wider UK law. The BBFC certification model is widely accepted across the UK, yet the BBFC does not hold legal power over certification for cinema releases; which instead falls to local authorities to decide who can be admitted to a film screening.
‘At the cinema, the ultimate power lies with the local authorities, who can decide to ignore the BBFC’s decisions at any time, or rate material that has not been submitted to the BBFC.’ – BBFC.co.uk
Local councils grant premises licences and can provide their own age certification for films. Although the BBFC does not hold legal power over certification, licences granted by local councils must include a condition requiring the admission of children to any film to normally be restricted in line with the BBFC age rating (The Licensing Act 2003 in England and Wales, The Cinemas Act 1985 in Scotland, The Cinemas Order 1991 Northern Ireland Cinemas). Therefore, premises screening a film without a BBFC rating would be in breach of their licence unless the local authority has provided its own age certification for a film.
Screening a film without BBFC certification
Getting a film certified by the BBFC might seem relatively cheap for a major studio title, but for films that are expecting only to have one or a few screenings in the UK it’s a very costly exercise.
Many new films, short films, or older films that were not widely distributed will not have a BBFC rating and this issue regularly affects film festivals, short film festivals and DIY exhibitors. Rather than paying for the BBFC to consider the film for a one-off screening, it may be more cost-effective to apply to their local authority to consider its suitability for their community. It is worth noting that even in this case, most councils will use the BBFC guidelines to come to their decision.
Where I work in Leeds, the process of certification is relatively straightforward and most importantly: free. Around two months before screening a film, I email Leeds City Council Entertainment Licensing, giving them the details of the screening and a link to watch the film being considered.
Most recently, I screened the documentary The Go-Go’s (2020) for which I requested an 18 certificate. Although the film doesn’t contain concerning content, it was to be screened in a nightclub and I knew that the process would be far smoother if I suggested an 18. The fact that the venue requires identification for entry was something I could use to prove sufficient processes were in place so that children would not be present.
Nevertheless, I was still required to attend the hearing alongside anxious shop owners waiting to hear if their alcohol licenses would be approved. Walking into a board room, sitting behind a microphone opposite seven council members and discussing Belinda Carlisle seemed in some ways like a silly exercise, but it was necessary to ensure the venue did not breach its license.
There is no standardised system for local certification across the UK, so councils themselves can decide whether they will charge for the process, how long they require to consider a film and may give content concerns different weightings.
The majority of authorities charge for certification, particularly in London. Prices vary, with some authorities charging by the minute, and others per film. For example, Greenwich Council require both an application fee, which differs depending on whether the film is in English or not, and a price of £2.03 per minute. Westminster City Council charges a higher application fee but a price of £1.60 per minute, with application fee discounts for festivals submitting multiple films.
It is no secret that local governments are facing severe cuts in resources, and film classification likely sits way down their list of priorities. Tower Hamlets Council, as of September 2023, no longer classifies films. They informed me the decision was made during the most recent review of the licensing policy, and provided access to their report. A statutory consultation of Tower Hamlets residents and businesses found that 72% believed that the council should stop certifying films, though it’s hard to assess how informed they were about the utility of providing this relatively niche service for film exhibitors.
Situated between questions regarding welfare and alcohol safety, it is unsurprising that resources spent on film classifications would be deemed unnecessary. The revised policy notes all requests should go through the BBFC to have consistency across the UK and allow the film to be screened in any cinema. However, the cost of getting a film certified by the BBFC is currently £610+; which leaves few options for community and DIY exhibitors on tight budgets, other than to not screen the film, or relocating the screening to an alternative local authority area.
Both the BBFC and local councils also have the responsibility to ensure films comply with wider UK law. For example, if a film is likely to incite a riot, features scenes of cruelty to animals or shows extreme sexual content, these are unlikely to be certified unless cuts are made to selected scenes. Distributors who own the film rights may have the resources to be able to negotiate with the BBFC and a filmmaker over cuts, whereas for smaller exhibitors and festivals, that is likely to be impractical. Occasionally, the BBFC or local council will not provide a certificate for a film containing content deemed to be outside the legal parameters of even an 18 certificate.
Belfast City Council were keen to clarify that the council doesn’t take on the role of a film classification body, and that their cinema licensing conditions do explicitly refer to the BBFC. However, they have on occasion facilitated screenings of non-BBFC certified films and films classified by BBFC under a different, non-BBFC, age rating. To consider a film, they will take into account ratings from other countries and councils as well as gather information about the film from reviews and trailers. In 2021, they permitted screenings of the unclassified 2021 Irish horror film Bring Out the Fear (dir. Richard Waters) in cinemas. In the licensing report, they state that:
‘With the development in the local creative industries and filmmaking sector [in Belfast] it is apparent that more films, in particular low-budget short films, are being produced locally. Many are unclassified but the demand for them to be screened in local cinemas is growing’. – BelfastCity.gov.uk
They also note that one of the main reasons for not submitting films for classification with the BBFC is cost, especially for films not screening in commercial cinemas. Taking into account its age rating of 18 at festivals in London, it was agreed that the film could be screened in Belfast cinemas with an 18 certification.
Requesting a different rating for a film with BBFC certification
On some occasions, a council can override a rating given by the BBFC and may implement their own. An example of councils reconsidering certification was during the release of Sean McAllister’s A Northern Soul (2018), which toured the UK using a direct distribution model led by the film’s producer Elhum Shakerifar. The documentary follows Sean as he moves back to Hull whilst he curates the UK City of Culture opening. He meets Steve, a struggling warehouse worker with a dream to bring hip-hop to disadvantaged young people across the city.
Nia Childs, who worked as Impact Producer on the release, told me the original aim of the film’s tour was to partner with local communities, screening in village halls and encouraging local kids to see the film. This touring plan was derailed when the BBFC gave the film a 15 certification due to strong language.
The team behind the film believed that the rating was censoring working-class speech, with McAllister stating that the language Steve uses is ‘credible and real’ and ‘culturally embedded within how he speaks’. The team’s challenge to the BBFC was brought up in parliament as a question of class bias. Childs says ‘there was nothing that we thought would be an issue for a 12A and making the cuts would be censoring our subject’.
The decision was made to approach local authorities so that, as Childs points out, ‘they could make the judgement as to whether their community would be okay with the content’. Due to the touring nature of the project, it left the team to negotiate with many councils at once rather than just one. Their experience was very different from council to council. Beginning with Hull City Council, who had helped fund the film, a 12A certificate was agreed comfortably and in support of this decision, free tickets were given to those in the area aged under 15.
Childs noted that once a few councils were on side, others were more willing to follow suit. They then went back to previous councils to see if they’d change their minds, though not all did. Childs recognises the difficulties facing local councils stating ‘the kinds of people that are operating these councils are risk averse. Councils are busy and underfunded, they are taking time out of their day to watch our film’ but after the experience believes ‘there needs to be a serious overhaul of the censorship system’ in the UK.
Belfast City Council have made headlines for their novel use of a 15A certificate which, while used by the Irish Film Classification Office (IFCO) in the Republic of Ireland to allow children under the age of 15 to attend a film if accompanied by an adult, is not a standard BBFC certification.
A request to screen the film Five Nights at Freddy’s (2023) with a 15A was approved in 2023. After considering the 15A certificate given by IFCO, the PG-13 certificate given in the US and the PEGI (Pan-European Game Information) age rating of 12 given to the video game on which it is based, Belfast City Council approved the 15A rating in a licensing meeting, at which a representative from the BBFC was present. The BBFC states ‘there is no requirement that local authorities enter into a dialogue with the BBFC, though we would always be very happy to engage with any local authority to provide any information necessary to help them make such a determination’. This is the second time Belfast City Council have approved a 15A in recent years.
SDLP councillor and chair of Belfast City Council licensing committee Gary McKeown told the Belfast Telegraph after the council meeting that ‘The BBFC need to act now to remove the need for councils to have to step in by introducing a more appropriate model that gives parents their place.’
So what now?
Film exhibitors tackling challenges around getting appropriate certification for the films they want to show might well wish for a more flexible and efficient system to facilitate broad and innovative programming choices. Whilst a complete overhaul may not be on the horizon, there are things that can be done more immediately to remedy the misunderstandings of the legal line between the BBFC’s authority and local authority certification. Aside from making information about the process more accessible through reports such as this, other helpful steps could include:
- councils providing a template form for requests through an easier-to-navigate webpage
- training around age guidelines for licensing committees that is independent of the BBFC to give councils more confidence in their considerations
- encouraging councils to adopt a tiered pricing structure, making it more affordable for DIY and community exhibitors to screen their films.
But with local funding at an all-time low, and the BBFC guidelines recently changing to reflect more conservative public perspectives and expectations, it is not surprising that confusion and nervousness around certification has grown. Hopefully, we can move toward a more coherent understanding of film certification and the position of local authority, so we can have access to a wider range of films without the confines of cost and bureaucracy.
10 steps to Local Council Licensing
Despite the many differences in how local councils approach certifying films, here are the most common steps you need to take to have a film certified by local council.
Step 1. Do you need a local certification?
Check the BBFC website to see if the film you are screening already has a certificate. If it doesn’t, or you would like the certificate reconsidered to screen for other ages, you’ll need to contact your local council.
Step 2. Research who to contact
Try searching your local authority website for ‘film certification’ or ‘film licensing’ for an email or form to fill out. In many cases, the authority won’t have a dedicated film team so the email may be for a generic entertainment licensing department. If you’re unsure of the process, email or call to ask for more information. You could also reach out to the council to see if the film you are screening has been certified previously in the area, some councils will honour a previous certificate for subsequent screenings or a certificate from another local council.
Step 3. Factor in your lead time
When planning a screening, determine how long the authority requires to consider a film. Depending on resources, some councils may ask you to submit one month before, some may request up to four months. Factor this in as one of the first things when planning a screening.
Step 4. Think of the cost
In some places, local authorities will classify your films for free whereas in others, costs may be set at a standard of say £100 per film or considered by a per-minute rate. Factor this into your budgeting, particularly if screening multiple films or one film in multiple locations. Ask if there are discounts for community, not-for-profit screenings or for when multiple films need consideration at once (e.g. for a film festival). Some authorities will be flexible with their pricing so it is always worth asking.
Step 5. Do your research
Think carefully about the rating you are requesting and speak to other film exhibitors in the area to find out their previous interactions with local certification; some authorities will be more flexible than others. Many authorities will use the BBFC guidelines as a template when considering films, so be aware of these and any changes in their policies. Certification’s key purpose is to protect children, so some authorities may be quicker to consider an 18 certificate in an over-18 venue, and may not require the film to go through the same processes. Be aware of the wider legal framework and remember that if a film contains potentially law-breaking content, you may not be given a certification and need to change your plans.
Step 6. Gather the details
Gather all the details needed to approach the authority. They will want the details of the film and screening (title, year, running time), with as much information to back up your certification request as possible. Note down scenes of violence, sex, discrimination or language that might concern a viewer, and describe what happens with context. Some authorities will have a specific template that needs to be completed, or you may find it easier to create your own such as this one here.
Step 7. Provide the film
Most authorities should list on their website what they require, but generally, they want a way to watch the film as easily as possible. This will usually be a screener (make sure you provide the password and it won’t expire!) or a physical copy. Check what format they want the film in, as some will specify they need a DVD with specific technical requirements.
Step 8. Be prepared for the meeting
Find out when the decision will be made on the certification and ask if you need to be present. Many authorities will be happy to email you the result or will give you the option to call in by phone. Some councils will ask you to attend the meeting in person – don’t panic!
Step 9. Think of questions they may ask
Whilst many films will be passed without questions, some councillors may want you to talk through your decision. Don’t be scared about this, they just want to hear your reasoning for the age rating you’ve suggested. Explain the context of any scenes they may be concerned about, explain who will be attending the screening and the measures you’ll have in place to make sure underage viewers don’t attend.
Step 10. Enjoy your screening!
Hopefully, the film is given the certification you require and you’re free (no irony intended) to screen! The licensing team will send you their verdict by email for proof, which is useful to send to other authorities if touring a film. If the film didn’t receive the certification you intended or was refused a certificate, you will need to make adjustments or make alternative plans for your screening. Remember to include your new age rating in marketing materials.
Ellie Hales is a film programmer and cinema worker based in Leeds. Working primarily as a feature programmer for Leeds International Film Festival, she also works at independent cinema Hyde Park Picture House, volunteers as an organising member of DIY film festival Scalarama and runs creative film events under Come On In.
Got something to add?
There are 317 local authorities in the UK, so while this article has tried to cover most of the approaches that local authorities take to film licensing and certification we haven’t been able to do a full survey. If you’ve had an experience with a local authority that’s significantly different from those described in this article that you think people should be aware of – the ICO would like to hear about it! You can contact the ICO team at info@independentcinemaoffice.org.uk