Licence

Development and Classification of Film ACT 935

Section 10—Prohibition to hold film exhibition without a licence

 

A person shall not exhibit or allow to be exhibited on any premises a film to which persons are admitted on the payment of a fee or any other consideration unless that person has registered with the Authority and has been issued with a licence for the purpose.

 

Section 11—Prohibition to operate film rental library and sales outlet without a licence

 

A person shall not display for renting or rent out, sell or distribute any film unless that person holds a licence issued by the Authority for that purpose.

 

Section 12—Application for licence

 

(1) A person who intends to obtain a licence shall

(a) apply in the prescribed form to the Authority,

(b) submit the application through designated offices of the Authority in the district,

(c) possess an identification number allocated to the person under the Taxpayers Identification Numbering System Act, 2002 (Act 632), and

(d) pay the prescribed fee.

 

(2) Where the application relates to a licence for a film library, the applicant shall also submit a list of the films intended to be held in the library to the Authority through the Information Services Department.

 

(3) The Authority may invite an applicant to provide additional information where the Authority considers it necessary.

 

Section 13—Inspection of premises for the purpose of a licence

 

(1) The Authority shall appoint an inspection team to inspect the premises within twenty-one days after the receipt of an application.

 

(2) The inspection team shall comprise representatives of each of the following agencies in the district where the premises are situated:

(a) the Ghana Police Service;

(b) the Environmental Protection Agency;

(c) the Ghana National Fire Service;

(d) the Electricity Company of Ghana;

(e) the Ghana Tourism Authority;

(f) the Town and Country Planning Department; and

(g) the Metropolitan, Municipal or District Assembly.

 

(3) The inspection team shall inspect the premises in respect of which an application for exhibition is made under this Act and shall satisfy itself as to the adequacy on the premises as regards

(a) ventilation;

(b) fire protection;

(c) adequate sanitary facilities;

(d) entrances and exits; and

(e) other facilities concerned with health and safety.

 

(4) A person who provides service to the public shall ensure that there are facilities and equipment to make the service available and accessible to a person with a disability.

 

(5) The inspection team shall submit its report including its recommendations in writing to the Authority within fourteen days after it has been appointed.

 

Section 14—Issuance of licences

 

(1) The Authority shall issue a licence to the applicant after conditions for the issuance of a licence in respect of the premises have been complied with.

 

(2) Where an application relates to a licence for the exhibition of films and the inspection report recommends approval of the application, the Authority shall issue the licence within seven working days after it has received the inspection report.

 

(3) Where the application is for a licence to operate a film library, the licence shall be issued by the Authority within fourteen working days after the application has been received.

 

(4) Where verification of the list of films submitted by the applicant is required, the licence shall be issued by the Authority within twenty-eight working days after the application has been submitted.

 

(5) A licence is valid for a period of twelve months subject to renewal and may be subject to conditions that the Board may determine.

 

(6) The issue and renewal of a licence shall attract fees prescribed by the Authority.

 

(7) Where the Board, for any reason, does not approve the grant of a licence, the Authority shall inform the applicant of that decision within thirty working days after receipt of the application.

 

(8) Failure by the Authority to inform the applicant of its decision on an application shall be construed to be a grant of a licence to the applicant.

 

(9) An applicant dissatisfied with the decision of the Board may petition the Minister for a review of the decision.

 

(10) Where an applicant is dissatisfied with the decision of the Minister in respect of a petition for a review, the applicant may apply to the High Court for a judicial review of the decision of the Minister.

 

Section 15—Registration with Copyright Administrator

 

A person shall not be issued a licence to operate under this Act unless that person registers the content of the property of that person with the Copyright Administrator.

 

Section 16—Transfer of a licence

 

A licence issued under this Act shall not be transferred without the prior written consent of the Authority.

 

Section 17—Revocation or suspension of licence

 

The Authority shall revoke or suspend a licence if satisfied that

(a) the holder of the licence has contravened or failed to comply with the conditions of the licence;

(b) the holder of the licence has been convicted of an offence under this Act or under the Copyright

Act, 2005 (Act 690); or

(c) it is in the public interest to do so.

 

Section 18—Notice of operating under a licence

 

(1) The licensed operator of a cinema theatre shall display in a conspicuous place on the premises and in legible and bold writing a notice that it is a licensed facility.

 

(2) The notice shall state the hours of operation and the fees chargeable for entry.

 

(3) A right owner, licensee or assignee who exhibits a film or operates a cinema theatre shall advertise the film.

 

(4) The advertisement of the film shall state the classification of the film with the appropriate warning.

 

(5) The licensed operator of a cinema theatre shall display publicity materials in relation to a film in front of the theatre or premises where the film is to be exhibited.