A condition imposed on a cinema license not allowing children under a certain age was intra vires the Act. The licence to open on Sundays originated in a representation by the commanding officer of forces stationed in the neighbourhood.
Held: Atkinson J said: ‘I am satisfied that the defendants were entitled to consider matters relating to the welfare, including the spiritual well-being, of the community and of any section of it, and I hold that this condition that no child under the age of sixteen should be admitted to this cinematograph theatre on Sunday is not ultra vires on the ground that it is not confined to the user of the premises by the licensee, but relates to the interest of a section of the community.’ and as to the authorities: ‘It is apparent that there are at least three totally different occasions on which licensing justices may be called on to exercise their discretion to issue a licence and to determine on what conditions the licence shall be issued. The application may be under the Cinematograph Act, 1909, relating to six days of the week, excluding Sundays. It may be one relating solely to Sundays under the Sunday Entertainments Act, 1932, where in the case of a borough the majority of the local government electors have expressed a desire for Sunday performances. Thirdly, it may be one where the local government electors have expressed no such wish, but where the application is made for the benefit of those members of the forces who are stationed in the neighbourhood for the time being.’
Judges:
Atkinson J
Citations:
[1944] KB 491
Statutes:
Cinematograph Act 1909, Sunday Entertainments Act 1932
Jurisdiction:
England and Wales
Cited by:
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Lists of cited by and citing cases may be incomplete.
Licensing
Updated: 17 July 2022; Ref: scu.224430