The company appealed a condition which had been attached to its licence to open the cinema. The condition was that ‘Children under fourteen years of age shall not be allowed to enter into or be in the licensed premises after the hour of 9 p.m. unaccompanied by a parent or guardian. No child under the age of ten years shall be allowed in the licensed premises under any circumstances after 9 p.m.’
Held: (majority) The scope of the local authority to impose conditions was limited under the 1909 Act. The condition imposed was ultra vires. Atkin J (dissenting) The authority’s power was not limited in this way. If the conditions weer reasonable, in respect of the use of the licensed premises and in the public interest, they were lawful. Beyong that there was no fetter upon the power of the licensing authority.
Judges:
Lush, Rowlatt and Atkin JJ
Citations:
[1915] 2 KB 49
Statutes:
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: 07 February 2022; Ref: scu.224431
