Warwick District Council is working closely with Warwick Rocks and is keen to support them in creating a successful event.

The difficulty with the proposal by Warwick Rocks is that the majority of the area which makes up Market Place is highway and members of the public have the right pass through the area. At this venue, Warwick Rocks would be unable to prevent members of the public, and in particular children, from congregating in Market Place and viewing the film.

Any film shown by Warwick Rocks in Market Place will, therefore, need to carry a classification which makes it suitable for viewing by children under the age of 12. In the event that a film shown were to carry a 12,12A,15,18 or 18R classification then this would be in breach of the above mandatory condition and could lead to the council being prosecuted and/or the licence being reviewed.

There is a PG version of the Goonies available should Warwick Rocks wish to show this film.

Councillor Stephen Cross, Portfolio Holder for Culture, says, “Warwick District Council is keen to work with Warwick Rocks to develop a follow up to last year’s successful food and film festival which attracted thousands of people to the town centre. The council has confirmed its position that the selection of films shown should be restricted to those classified as U or PG by the British Film Classification Council in order to comply with the license conditions and the need to maintain pedestrian access to the Market Square.”

Regarding films screened last year

Warwick District Council is aware that Warwick Rocks screened mixed certification films last year in the Market Square. Although Warwick Rocks did not specifically request permission for these films prior to screening, the Council did not pick up the potential licence breaches in advance of the screening and did not take enforcement action at the time.  This year Warwick Rocks have also not requested permission to screen specific films under the Councils licence; however the Council became aware of Warwick Rocks advance publicity, prior to their booking of the event, of the intended line up. The Council therefore contacted Warwick Rocks in late March to alert them to the conditions attached to the Licence for regulated entertainments in Warwick Town Centre, some five months in advance of the proposed Festival. Unfortunately Warwick Rocks had already gone ahead with publicity prior to gaining approval for an event which is currently still in its consultation phase and is pending approval in its revised five days Market Square screenings format.

Regarding the authority’s latitude to licence entertainment at its own discretion

Warwick District Council is aware that as Licensing Authority it has the power to authorise the screening of films at its own discretion. However, the duty on the authority to protect children and vulnerable people from harm or distress remains and the current licence for Warwick Town Centre clearly stipulates that BFCC classifications shall be adhered to.  This may be reviewed in future, and can be considered on a site by site basis for other venues. However, our legal advice regarding the right for pedestrians to pass and re-pass the Market Square will continue to pose a challenge for the Market Square.