Kinematograph year book (1950)

580 The Kinematograph Year Book. Summary of Acts and By-laws Revised by NORMAN HART, B.A. The Acts of Parliament and local by-laws which relate to or affect the exhibition, storage or transit of kinematograph films are of paramount importance to the trade, and should be closely studied by all engaged in it. Below will be found a condensed digest of the principal regulations governing this industry. This has been prepared by a leading solicitor, who has explained the most essential points in a manner which will be readily understood by readers. CINEMATOGRAPH ACT, 1909. All kinematograph exhibitions must be held at premises which are licensed (s. i). This Act was passed for making better provision for securing safety at kinematograph and other exhibitions. Under Clause r, provided premises comply with the regulations laid down by the Secretary of State, which are regulations dealing with the question of safety, nothing more is required. All premises must hold a licence where inflammable films are used. The Act contains no definition of the word " inflammable." Exceptions. — A licence is not necessary in the following cases : — (a) Where non-flammable films are used (as to whether a film is non-flammable or flammable is one of fact for the Justices to decide). (See Victoria Pier, Ltd. v. Reeves, 1912, 28 T.L.R. 443 ; also see re Dickman and Moore, Times Newspaper, December 17, 191 2.) (Note. — If an exhibitor holds a licence for premises upon which he originally used inflammable films and decides in future to use non-flammable films only, he is still bound by the conditions on the licence granted although otherwise no licence would be necessary.) (b) For exhibitions in private dwelling-houses where the general public are not admitted whether on payment or otherwise. (Note. — A hospital has been held not to be a private house under Section 7 of the Act, for which a licence is required — National Hospital for Paralysed and Epileptic Persons, Times, October 11, 1913.) (c) where premises are only used occasionally and not more than six days in any one year. But in this case the occupier must — i. Give seven days' notice in writing to the Licensing Authority and the chief officer of police of the police area ; ii. Comply with the regulations as to safety; iii. Comply with any conditions imposed in writing by the Licensing Authority. (d) On premises used for the purpose of exhibiting films to bona-fide purchasers — Att.-Gen. v. Vitagraph Co., 1915, C.H. 206. Movable Buildings or Structures, provided the owner (a) Has a licence in respect of the building or structure from the Licensing Authority for the district whetfe he ordinaf ily resides. (b) Has given two days' notice in writing to the Licensing Authority for the district where the exhibition is to take place, and to the chief officer of police of the police area. (c) Complies with any conditions imposed in writing by the Licensing Authority. Regulations as to Safety. These are made by the Home Secretary (Act s. 1) except in Scotland and Ireland, where the Secretaries for Scotland and Ireland respectively exercise this power (Act ss. 8 and 9). They are known as the Cinematograph Regulations, 1910 (Statutory Rules and Orders [1910] No. 189) and 1913 (St. R. & O. [1913] No. 566). Every owner and manager of a kinema must make himself familiar with these regulations, which are binding, even if the conditions of the licence happen to be inconsistent with them. Licensing Authority. (1) England. — The Council of the County or County Borough, but as a rule these powers are, in the first instance at least, exercised by a committee. Where the place is licensed by the Lord Chamberlain for stage plays, that official also grants kinematograph licences. The County or County Borough Council may delegate these powers to the local justices (Act s. 5). Licensing Justices sit as an administrative body, not as a Court of Summary Jurisdiction — Huish v. Liverpool Justices, [1914] 1 K.B. 109. Therefore they have no power to state a case. Doubtful if any appeal of licensing authorities where a licence is refused without any reason. If reasons are stated and not been satisfactory or a proper hearing has not been given, proceedings by way of mandamus should be taken to the Court of Appeal. A further appeal in such a case can be taken to the House of Lords, or proceedings might be taken in the King's Bench Division for a declaration that proposed conditions which the Licensing Authorities have decided to put upon licences are ultra vires, and an injunction asked for to restrain the authorities from enforcing same. In cases before the Court of Summary Jurisdiction where the procedure is by way of case stated to the Divisional Court no further appeal is allowed. (2) Scotland. — The Council of the County or the magistrates of a royal parliamentary or police burgh. There is no power of delegation (Act s. 8).