Kinematograph year book (1948)

Summary of Acts. 539 PENALTIES. Besides the offence just mentioned, the owner of a kinematograph or other apparatus who uses it or allows it to be used in contravention of the Act or the Regulations or the conditions of the licence, and the occupier of premises who allows them to be used in contravention of the same, may be fined up to £2Q, and in the case of a continuing offence £5 a day, and the licence may be revoked on conviction (Act s. 3). The manager of a kinema owned by a company is not an occupier, and cannot be summoned as such (Bruce v. McMaines, [1915] 3 K.B. 1). A kinematograph licence does not authorise musical accompaniments. A music licence is not necessary where music is subsidiary to the picture. — See Hallinan, 73 J.P.N. 458. Theatre and Music and Dancing Licences may also be necessary. Theatre Licences for Stage Plays are obtained from the Lord Chamberlain in London, and from the justices elsewhere. Music and Dancing Licences, are granted by the County and County Borough Councils, who can delegate this power to the local justices. Music and Dancing Licences in London are governed by the Music Hall Act, 1751. In Middlesex by the Music and Dancing Middlesex Act, 1894. In other areas beyond 20 miles from the Cities of London and Westminster under the Public Health Acts (Amendment Act), 1890, Sec. 4. Music Licences are renewable only once each year. They may contain conditions (in view of the section of the Public Health Act) different to the conditions of a kinematograph licence, as that act does not apply to Music and Dancing Licences. A Music and Dancing Licence does not authorise stage plays, nor does a Theatre Licence, under the Theatre Act, 1843, include Music and Dancing. CHILDREN. Where an entertainment is given for children {i.e., under fourteen), or the majority of persons present are children, and their number exceeds one hundred, and access to any part of the building is by stairs, then it is the duty of the occupier (if he is paid) and of the person giving the entertainment (in any case) to see that an adequate number of adult attendants are present to prevent overcrowding in any part, to control the movements of the audience when entering and leaving, and also to take all reasonable precautions for safety. Police officers have the right of entry. The penalty for a first offence is up to ^50, for a second or subsequent offence up to ^100, and any licence held in respect of the building may be revoked (Children Act, 1908, s. 121). The kinematograph licence is not mentioned, as it had not come into existence at that date. The Employment of Children Act, 1903, s. 1, enables local authorities to make bye-laws relating to the employment of children (i.e., under fourteen), and many of them have exercised this power. A licensee should enquire at the council offices whether the local authority of his district has made any bye-law affecting him (e.g., as to programme, sweet, or cigarette sellers, etc.) No child (under sixteen) employed half time in a factory or workshop may be employed elsewhere (Act 1903, s. 3 (3)), nor may any child be employed before six a.m. or after nine p.m., unless the local bye-laws allow it (Act 1903, s. 3 (1)). The fine is up to 40s. for a first offence, and £5 afterwards (Act 1903, s.5 (1)). Under the Children and Young Persons Act, 1933, where there is provided in any building an entertainment for children or an entertainment at which the majority of the persons attending are children, then, if the number of children attending the entertainment exceeds one hundred the person providing the entertainment must station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building,