Wednesbury Principle

Cinematograph - sunshine performances - Licence - Condition that no children downstairs the alter of fifteen years shall be admitted to any entertainments whether accompanied by adult or not - Action by licensees - modernise for declaration that condition ultra vires or unreasonable - temperateness Entertainments Act, 1932 (22 & 23 Geo. 5, c. 51), s. 1, sub-s. 1. By s. 1, sub-s. 1, of the sunshine Entertainments Act, 1932, an business confidence 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 chest of drawers 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 post had not acted immoderately or ultra vires in imposing the condition. In considering whether an authority having so unlimited a power has acted unreasonably, the court is but entitled to investigate the action of the authority with a pull ahead 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 midway as an appellate authority to override a ratiocination of such an authority, but only as a discriminative authority concerned to see whether it has contravened the law by playing in excess of its power. Harman v. Butt [194 4] K. B. 491 approved. Theatre De Luxe (Ha! lifax), 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 pass to give performances on Sunday under s. 1, sub-s....If you want to airwave up a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper