(1947) JELR 80367 (CA)    
Court of Appeal  ·  10 Nov 1947 ·  United Kingdom
Other Citations
[1948] 1 KB 223,
Lord Greene M.R., Somervell L.J. and Singleton J.
Core Terms Beta
local authority
mr. gallop
licensing authority
cinematograph act
reasonable authority
ultra vires
decision of the local authority
different views
present case
henn collins j.
licensed premises
local authorities
sunday entertainments act
sunday performances
actual words
admission of children
case of a borough
different occasions
discretion of the local authority
discretion ought
disregard of public policy
duties of the local authority
executive act
exercise of that executive act
following condition
general terms
grant of a licence
great deal
implication matters
interest of a section of the community
local government electors
lord greene m.r.
majority of the local government electors
moral health of children
nature of the subject matter
permissible grounds of attack
power of the courts
proprietors of a cinema theatre
sort of things
such conditions
such wish
use of the premises

LORD GREENE M.R.(reading the leading judgment) In the action out of which this appeal arises, the plaintiffs, who are the proprietors of a cinema theatre in Wednesbury, sought to obtain from the court a declaration that a certain condition imposed by the defendants, the corporation of Wednesbury, on the grant of a licence for Sunday performances in that cinema was ultra vires. The action was. dismissed by Henn Collins J. and, in my opinion, his decision was clearly right. The powers and duties of the Local Authority are to be found in the Sunday Entertainments Act, 1932. That Act legalized the opening of cinemas on Sundays, subject to certain specified conditions and subject to such conditions as the licensing authority think fit to impose. The licensing authority are the licensing authority set up under the Cinematograph Act, 1909, and in this case are the council of the borough of Wednesbury. Before the Act of 1932, the opening of cinematograph theatres on Sundays was, in fact, ille…

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