Wednesbury Principle

Cinematograph - sunshine performances - Licence - Condition that no children infra the suppurate of fifteen years shall be admitted to any entertainments whether accompanied by adult or not - Action by licensees - nurture for declaration that condition ultra vires or unreasonable - sunlight Entertainments Act, 1932 (22 & 23 Geo. 5, c. 51), s. 1, sub-s. 1. By s. 1, sub-s. 1, of the sunlight Entertainments Act, 1932, an business power having powerfulness in any area to grant certifys for cinematograph performances under the Cinematograph Act, 1909, is habituated power to allow a licensed place to be open and used on Sundays, subject to such conditions as the liberty think fit to impose. When a local permission granted to the complainants leave for Sunday performances subject to the condition that no children under fifteen years of age should be admitted to Sunday performances with or without an adult:- Held, that the local authorization had not acted unreasonab ly or ultra vires in imposing the condition. In considering whether an authority having so unlimited a power has acted unreasonably, the court is obviously entitled to investigate the action of the authority with a garner to seeing if it has taken into account any matters that ought not to be or disregarded matters that ought to be taken into account.

The court cannot intercept as an appellate authority to override a ratiocination of such an authority, but only as a juridic authority concerned to see whether it has contravened the law by playacting in excess of its power. Harman v. Butt [1944] K. B. 49 1 approved. Theatre De Luxe (Halifax), Ld.! v. Gledhill [1915] 2 K. B. 49 considered. Dissenting judgment of Atkin J. explained and preferred. APPEAL from Henn Collins J. The plaintiff company, the owners and licensees of the Gaumont Cinema, Wednesbury, Staffordshire, were granted by the defendants who were the licensing authority for that borough under the Cinematograph Act, 1909, a authorise to give performances on Sunday under s. 1, sub-s....If you want to channel up a full essay, order it on our website: OrderCustomPaper.com

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