Kinematograph year book (1948)

The Legal Outlook. 533 concerned unless these persons can disprove guilty knowledge. Once the regulations are made local Planning Authorities are given full power to remove contravening advertisements. No question of compensation arises — all that can be claimed is the expense reasonably incurred by an owner of the advertisement in carrying out the Local Planning Authorities' requirements. Control of Labour Readers should also note the Control of Employment Act, 1947, under which all men between the ages of 18 and 50 inclusive, and women between the ages of 18 and 40 inclusive, must get their engagements through the approved offices of the Ministry of Labour and National Service or approved employment agencies. There are certain exemptions but these do not apply to anyone connected with the kinema industry. The Act came into force on October 6, 1947, and ceases to have effect after December 31, 1948. Licences issued by the Board of Trade have an endorsement on them to the effect that the issue of that licence does not guarantee that any labour that may be required will be made available. In other words, usherettes and attendants come within the category of this Act. Usherettes, attendants and commissionaires (men between the ages of 18 and 50 and women between the ages of 18 and 40) leaving their present employment will be directed into essential industries and it does not follow that they would be required to fill any other kinema vacancies. Children and Sunday Shows Many matters affecting Licences have been dealt with during the year. Of especial importance are those relating to children and to children under a certain age attending kinemas on a Sunday whether accompanied by a parent or guardian or not. As I have often stated I do feel more than ever that it is very essential that both the Cinematograph Act of 1909 and the Sunday Entertainments Act of 1932 should be amended at the earliest possible moment. There was one very interesting case with reference to children under 15 years of age being admitted into a kinema on Sunday decided by the Court of Appeal last year. The Court in its judgment pointed out that in the first place the Court of Appeal was not dealing with a judicial act but an executive act ; secondly the conditions which under the exercise of that executive act may be imposed are in terms put within the discretion of the Licensing Authority without limitation ; and thirdly that the statute provides no appeal from the decision of the Licensing Authority. Court of iVppeal Ruling The Master of the Rolls in his judgment summarised the principle as follows : — A Licensing Authority does not act in a judicial capacity but in an executive one and consequently one is not dealing with a judicial act but an executive act and therefore there is no appeal from the Authority's decision. Under the exercise of this executive act it rather seems that the terms may be imposed at the discretion of the Local Authority without limitation and as the statutes provide for no appeal the Licensee is put in a very difficult position. Licensing Authorities must act reasonably and whether such a condition is a reasonable one or not, in their executive capacity, seems to concern the Licensing Authority itself. The higher courts can only interfere with an act of the executive authority if it be shown that the authority has contravened the law. They can investigate the action of the Licensing Aifthority only with a view to seeing whether it has taken