MPLC Licensing Arrangements May 2024

Care England Commissioned Anthony Collins Solicitors to provide guidance to care providers on the MPLC Licensing Arrangements.

This information is accurate as at May 2024.

Historically, we have advised that care homes should not require a licence as they are not ‘public spaces’ and should not be treated in the same manner as entertainment venues, community halls or retail spaces. Whilst there continues to be a strong, moral argument that care homes are private and domestic spaces, and therefore exempt from requiring a licence, this position is not currently supported by the law or current guidance.

Following the publication of updated guidance from the Intellectual Property Office (IPO) in 2023 and having received clarifications from the Motion Picture Licensing Company (MPLC) during Spring 2024, we have updated our guidance note.

In summary, it is likely that:

• care homes will not require a licence simply because a resident watches TV / films or a group of residents watch TV / films together in a communal lounge; but
• care homes will likely require a licence, where the provider organises a TV / film screening as a group activity; and
• care homes will likely require a licence, where they market themselves as offering dedicated cinema facilities.

The full guidance note can be viewed here

Should you wish to challenge a license, support can be found here