Kinematograph year book (1935)

Digest of Acts 145 for their approval of the Plan and ask them to grant him a Provisional Licence pending the building and completion of the Theatre. Whilst a Local Authority does not appear to have any discretion to refuse plans submitted for the building of a Kinema if such plans comply with the bye-law requirements and the regulations required under the Cinematograph Act still the mere fact that that Body has approved such plans does not make it binding on the Licensing Authority to grant a Cinematograph Licence. The Cinematograph Licence is really an authority to the Licensee to use the premises for the purpose of a Cinematograph exhibition and provided a Licensee complies with the regulations made by the Secretary of State for securing safety and is prepared to accept such further Conditions as the Licensing Authority impose the Licence would be granted. A Licensing Authority may in their discretion refuse to grant a Licence for a building not yet erected just as they have for one already erected. The fact that the building has been erected in accordance with plans approved by the Local Authority is, I think, immaterial. A Licensing Authority must exercise its discretion on each application separately. It is not entitled to decide beforehand whether or not it will refuse or renew applications, but it may, when determining whether they grant any particular licence or not, consider the number of Kinemas already in the district and whether it is in the public interest that a licence for a new Kinema should be granted. The position must be considered from the public interest point of view and not from the point of view that the new Kinema might have an effect on the profits of the existing Kinemas ; that is to say, it must not exercise its power for benefiting existing licensees, although a refusal on grounds of public interest would not be invalidated because it enures for the benefit of existing licensees. The decision as to whether or not there is a need for a new Kinema rests with the Licensing Authority. Exhibitors should remember that whilst Licensing Authorities must be fair and reasonable as regards any conditions they may decide to impose upon a licensee, the position is that, if on an application being made for a Cinematograph Licence the application is refused and no reason given, the licensee has no redress and no more can be done. Exhibitors should, therefore, act very cautiously on any matters affecting their licences, and take the best advice they can get as to how they stand under the licence and what is the best mode of procedure to adopt under the circumstances. * * * In many towns alterations are being made to the licences already granted and further conditions are being imposed. In another part of this Year Book are set out the new Regulations laid down by the London County Council. These Regulations come into force on January 1st, 1935. They should be very carefully considered, especially the condition with regard to standing in gangways, which is far more stringent than the previous condition as to standing. In. view of the fact that many Licensing Authorities to a great extent follow the conditions laid down by the London County Council, the conditions on every licence should be very carefully considered and advice taken before accepting any licence. * * * Another condition that is likely to be inserted on some licences is to the effect that no child unaccompanied shall be permitted to remain in the building when an "A" film is being shown. The word " permitted " in my opinion puts the exhibitor in a very difficult position. The child in the first place may have been admitted with its parent or bona fide guardian, but during the performance, for some reason or other, the child is left unattended just when an "A" film is about to be put on the screen. What is his position ? The child has paid for admission and consequently is entitled to remain throughout Rider Haggard's "She" from Radio, of course !