Kinematograph year book (1944)

110 The Kinematograph Year Book. REGULATIONS AS TO SAFETY. These are made by the Home Secretary (Act s. 1) except in Scotland and Ireland, where the Secretaries for Scotland and Ireland respectively exercise this power (Act ss. 8 and 9). They are known as the Cinematograph Regulations, 1910 (Statutory Rules and Orders [1910] No. 189) and 1913 (St. R. & O. [1913] No. 566). Every owner and manager of a kinema must make himself familiar with these regulations, which are binding, even if the conditions of the licence happen to be inconsistent with them. LICENSING AUTHORITY. (1) England. — The Council of the County or County Borough, but as a rule these powers are, in the first instance at least, exercised by a committee. Where the place is licensed by the Lord Chamberlain for stage plays, that official also grants kinematograph licences. The County or County Borough Council may delegate these powers to the local justices (Act s. 5). Licensing Justices sit as an administrative body, not as a Court of Summary Jurisdiction — Huish v. Liverpool Justices, [1914] 1 K.B. 109. Therefore they have no power to state a case. Doubtful if any appeal of licensing authorities where a licence is refused without any reason. If reasons are stated and not been satisfactory or a proper hearing has not been given, proceedings by way of mandamus should be taken to the Court of Appeal. A further appeal in such a case can be taken to the House of Lords, or proceedings might be taken in the King's Bench Division for a declaration that proposed conditions which the Licensing Authorities have decided to put upon licences are ultra vires and an injunction asked for to restrain the authorities from enforcing same. In cases before the Court of Summary Jurisdiction where the procedure is by way of case stated to the Divisional Court no further appeal is allowed. (2) Scotland. — The Council of the County or the magistrates of a royal parliamentary or police burgh. There is no power of delegation (Act s. 8). (3) Ireland. — The Council of the County or County Borough or Urban District or the Commissioners of the Town. There is no power of delegation, but a County Council may, in writing, authorise any officer of the Council to exercise any of the powers of the Act (Act s. 9). GRANT, RENEWAL AND TRANSFER OF LICENCES. Licences are normally for one year, but may be for shorter periods (Act s. 2 (2)). The Act makes no provision for granting provisional licences. For new grants or transfers seven days' notice in writing must be given to the Licensing Authority and to the chief officer of police of the police area, but no notice need be given in the case of a renewal (Act s. 2 (4)). Fees Payable. — One year's licence (grant or renewal), £\. Shorter periods, 5s. a month (but not to exceed £1 for every year). Transfers, 5s (Act s. 2 (5)). Licensees. — The Licensing Authority has a discretion (Act s. 2 (1) (3)). Where the refusal was based on the ground that several of the directors and the majority of the shareholders of the company in question were alien enemies, the refusal was upheld by the Court (Rex v. L.C.C. ex parte London and Provincial Electric Theatres, [1915] 2 K.B. 466). Conditions. — Under Clause 2, Section 1, Licensing Authorities have much further powers than those given under Clause 1, as they can grant licences subject to such conditions as they may think fit in addition to the regulations of the Secretary of State as regards safety. The condition must be reasonable — L.C.C. v. Bermondsey Bioscope, 80 L.J.K. 1314. It has been argued on the words of the Act that these must be decided upon when the application for each licence is made, and not determined beforehand (e.g., most of the authorities issue a list of conditions which licensees must submit to), but this argument has not met with favour (see Rex v. Burnley Justices (1916), 32 T.L.R. at p. 696).