Kinematograph year book (1944)

In the Courts. 147 kinema at the time and the second operator was delayed. As a film had not been changed on to the second projector there was no danger in keeping it running. 15-Year Olds as Legal Adults.— An interesting point of law was successfully advanced by T. Graham Salmon in an Edinburgh case in April, turning upon the admission of children unaccompanied by an adult. Mr. Salmon, the secretary of the Edinburgh section, contended that as there was no definition of an " adult " in the licence, a person over the age of 14 came within that category. Central Pictures (Portobello), Ltd., were charged with admitting to the George Cinema, Portobello, during a prohibited period two children unaccompanied by an adult. Mr. Salmon put forward two pleas — that the t vo boys concerned had not been admitted to the premises in respect that the usherette had not had an opportunity of satisfying herself of the boys' ages and of turning them back ; and that as there was no definition of an " adult " in the conditions of licence the 15 -year-old brother of the two boys should therefore be regarded as an adult ; and accordingly as they were all together the two younger children were on the occasion in question accompanied by an adult. The magistrate rejected the first point put forward, as the word "premises," in his opinion, included any part of the building to which the public had access once a ticket of admission had been obtained. As to the second point, he could find no definition in the conditions of licence as to the meaning of the word " adult," and in the absence of such a definition he was bound to regard persons of 14 years of age and over as adults so far as charges of admission were concerned. As there was no reference in the conditions of licence even as to young persons, he was obliged to hold that every person who could not be designated as a child must, for the purposes of these conditions, be regarded as an adult. Under 16'S. — Capitol Cinema (Sheffield), Ltd., was fined £5 at Sheffield Police Courton January 29, for admitting children under the age of 16 to the showing of a film which had not been passed for "universal" exhibition, and the manager, Henry Talford Brown, was fined £1 for aiding and abetting. Evidence was given that on November 14, 167 children entered the kinema unaccompanied by adults. Some appeared to be under 12, and others had charge of smaller children. They were never asked if adults were with them. The place was about half-full, 90 per cent, being children. The film was classed "A." It was explained that a new cashier at one of the pay desks had made a mistake in letting in the children. Showed " H " Films to Children.— Empire (Thatto Heath), Ltd., were fined £2, and Robert E. Dockerty, manager of the Empire, Thatto .Heath, £1, at St. Helens in May, for admitting persons under the age of 16 to a showing of a "horror" film. E. Pappworth, who defended, said that, owing to the shortage of labour, it seemed almost impossible to see that every detail of the conditions could be carried out. All reasonable precautions had been taken. Standing in Gangways.— For allowing people to stand in the gangways, contrary to a condition of the licence, at the Picture House, the Empire and the Central, Grantham, the proprietor James Arthur Campbell, Grantham, was fined a total of £5 at the local police court on March 23. For aiding and abetting, Thomas Harold Hallam, Gloria Lilian Ivy Beck, and Lionel Frank Pinchbeck, managers, were fined £3 each. As a sequel to these proceedings an application was made by Mr. Campbell for limited standing to be allowed at the three theatres. It was refused. THE QUOTA. Quota Return Defaults.— Six summonses against exhibitors for failure to send returns to the Board of Trade in connection with the quota provisions of the Cinematograph Films Act, 1938, came before Frank Powell at Clerkenwell Police Court on June 28. Appearing for the defence in one of the cases, Norman Hart, solicitor to the C.E.A., pointed out that the returns in question were "most complicated" and that it was exceedingly difficult to get competent staffs to do this sort of thing. Da rracott Seymour, for the Board of Trade, replied that of 4,700 licensed exhibitors these were the only six defaulters. The Harrison Theatre Co., Ltd., of Liverpool, was fined £20 and five guineas costs. Thomas Llewellyn Beynon, of Maesteg, Glam, was fined £10 and five guineas costs. A summons against Bernard Proctor, of the Cape Cinema, St. Just, Penzance, was dismissed under the Probation of Offenders Act. On August 24 fines of £10 each were imposed upon Philip H. Yorke, of Preston and the Queen's Cinema, Preston, Ltd. Quota Defaults. Fines of £50 and 10 guineas costs each were imposed on Central Pictures Theatres (Lincoln), Ltd., and Gerald Segelman, of Mexborough Grove, Leeds, at Lincoln Police Court on October 27, for failing to show the prescribed quota of British films at the Exchange kinema, Lincoln, in the year ending September 30, 1942. J. Meyler Symmons, for the Board of Trade, said that the Central Pictures Theatres Co. had defaulted every year since the Order was made in 1938, and it was undoubtedly to the commercial advantage of exhibitors to do so. In 1940-41 less than half the prescribed quota of British long films was shown at the Exchange kinema, although since the company owned five out of the seven kinemas in Lincoln they were in a strong position for obtaining films from the renters. In 1938-39 they showed 9 per cent, short films instead of 12.5 per cent., the next year 11.48 per cent. British long films instead of 15 per cent., and 11.53 per cent, short films instead of 15 per cent., 1940-41 15.66 per cent, long films instead of 17.5 per cent., and in the year in question only 7.5 per cent, instead of 17.5 per cent. They had also defaulted at the Forum, Leeds, and at the Grand, Lincoln. A. Hallgate Hills, for Segelman and the company, pleaded guilty and expressed their great regret. Impracticable Quota.— A Board of Trade summons for quota default against the Grand, Southport, was dismissed on October 25, and each side was ordered to pay its own costs. The Bench was satisfied that owing to character of the films available it was not commercially practicable to comply with the quota.