Kinematograph year book (1935)

176 The Kinematograph Year Book, 20. — (Prohibition Against Carrying on Business of Exhibitor Unless Licensed.)— (i) On and after the fust day of October, nineteen hundred and twenty-eight, and until the thirtieth day of September, nineteen hundred and thirty-eight, no person shall carry on the business ol exhibiting registered films to the public in any theatre unless ue hold a licence for the purpose in respect of that theatre from the Board of Trade : Provided that where an application for such a licence has been made, it shall be lawful for the applicant to carry on the business in any theatre to which the application relates pending the determination of the application. (2) If any person carries on such business as aforesaid in contravention of this section, he shall be guilty rf an offence, and shall be liable on summary conviction to a fine not exceeling ten pounds for each day on which he so carries on the business. 21. — (Returns and Records.) — (i) Every person who at any time during any year ending on the thirtieth day of September was a licensed exhibitor shall furnish to the Board of Trade before the first day of the following November a return giving such particulars as may be prescribed with respect to the registered films exhibited by him in each theatre during the year in question, and the dates and number of times on which they were exhibited in order to enable the Board of Trade to ascertain whether the requirements of this Part of this Act with respect to the exhibitors' quota have been satisfied bv him in respect of the theatre during the year to which the return relates. Provided that if any licensed exhibitor in the course of any such year ceases to exhibit at any theatre, the return with respect to that theatre shall be made within one month from the time when he so ceases to exhibit thereat. (2) Every licensed exhibitor shall also keep in respect of each theatre at which he exhibits films a book and shall as soon as practicable record therein the title, registered number, and registered length of each film exhibited by him at the theatre to the public (distinguishing between British and foreign registered films), the dates of all exhibitions of each film, and the number of times the exhibition of each film each day during the normal hours in the ordinary programme, and every such book shall be open to inspection by any person authorised in that behalf by the Board of Trade. The book relating to any theatre shall be kept at that theatre so long as the exhibitor continues to exhibit thereat. 22. — (Provision- as to Itinerant Exhibitors.) — In the case of any exhibitor who in any such year as aforesaid does not exhibit in any one theatre on more than six days nor in more than one theatre at the same time, the provisions of this Part of this Act shall apply subject to the following modifications : — (a) it shall not be necessary for any such exhibitor to comply with the provisions as to the exhibitors' quota as respects any particular theatre if, had all the exhibitions given by him in the year been exhibitions at the same theatre, those provisions would have been complied with ; (b) it shall not be necessary for the exhibitor to make a return to the Board of Trade after ceasing to exhibit at any particular theatre, or to keep a separate record book in respect of each theatre at which he exhibits ; (c) a licence to carry on the business of exhibiting films to the public shall suffice, and it shall not be necessary for the exhibitor to obtain a licence in respect of each theatre at which he exhibits. General. 23. — (Examination of Returns.) — (1) The Board of Trade shall examine every return furnished to them under this Part of this Act, and for the purpose of such examination may call on the renter or exhibitor making the return for such information and explanations as they may think necessary; and may authorise any person appointed by them for the purpose to examine the record books kept by the renter or exhibitor. (2) Where on submission by the renter or exhibitor or otherwise it appears to the Board of Trade after consultation with the Advisory Committee hereinafter mentioned in any case where the Board of Trade contemplate the refusal of a certificate that though the requirements of this Part of this Act with respect to the renters' quota or the exhibitors' quota, as the case may be. have not been complied with, the reasons for non-compliance were reasons beyond the control of the renter or exhibitor, they shall issue a certificate to that effect. 24. — (Proceedings for Failure to Comply with Provisions as to Quota.) — (1) Any offence to failing to comply with the provisions of this Part of this Act as to the renters' quota or exhibitor's quota may be prosecuted summarily or on indictment, and — ■ (a) if the accused is proceeded against summarily, he shall on conviction if a renter be liable to a fine not exceeding one hundred pounds ; and if an exhibitor to a fine not exceeding fifty pounds ; and (6) if the accused is proceeded against on indictment he shall on conviction be liable to a fine not exceeding five hundred pounds. (2) In the case of a conviction on indictment, the court, in addition to imposing any such une as aforesaid — (a) where the offender is a renter, ma}', if of opinion that the offence was deliberate, and if the offence is a third offence, order that his licence be revoked and may order that no licence shall be issued to him, or to any person with whom he is financially associated, or to any person who acquire; h's business, or to any person who took part in the management of his business and was knowingly a party to the offence, for such period in each case as may be specified in the order ; Provided that where any such order is made the order shall not operate so as to prevent the renter carrying out for a period not exceeding six months any obligations under any contract entered into by him before the institution of the proceedings ; (b) where the offender is an exhibitor, may, if of opinion that the offence is deliberate, and if the offence is a third offence order his licence under this act in respect of the theatre with respect to which the offence, was committed to be revoked, and may order that for such period in each case as may be specified in the order uo licence in respect of that theatre shall be issued to him Wheeler and Woolsey — Radio, of course !