Films and Publications Act, 1996 (Act No. 65 of 1996)

Regulations

Regulations on the Processes and Procedures for Applying or Registering, Amending, Transferring and Renewing Licences and Terms and Conditions to be applied to such Licences in terms of the Act, as amended, 2022

Schedule 2

Part 5 : Adult Premises

27. Application for exemption to distribute films, games and publications classified as "X18" at a physical address
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(1) An application to be for an exemption to exhibit or distribute a publication, film or game classified as "X18" in terms of section 24 (1) of the Act at a physical premises must be made on the application and registration forms to be used when submitting applications or when registering, together with instructions and information as to the submission of such forms, whether in paper format or electronically, may be accessed from the FPB’s offices on Monday to Friday, excluding public holidays, from 9h00 to 16h00 or obtained electronically from the FPB‘s website.

 

(2) The application referred to in sub-regulation 27 (1) of these Regulations must include—
(a) a licence to conduct the business of adult premises, issued by a licensing authority in terms of the Businesses Act, 1991 (Act No. 71 of 1991);
(b) proof of registration of the business of the applicant in terms of the applicable legislation;
(c) a document confirming that the applicant's tax affairs are in order;
(d) a declaration that the applicant warrants to the best of its knowledge and insofar as it is reasonably aware, that it complies with the laws and regulations applicable to it, with its legal obligations pertaining to its business in general and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained;
(e) proof of payment of the prescribed fee;
(f) an illustration in the form of a photograph, of the prominent display at all entrances of the premises, prohibiting the entry of persons under the age of 18 (eighteen) years; and
(g) an explanation indicating how the business shall ensure that children under the age of 18 (eighteen) would not be able to access the premises.

 

(2) On approval of the application, the FPB shall issue the applicant with a licence in terms of section 24 (1) of the Act and shall only be valid for 1 (one) year.