PICTURE SHOWS. ARE THEY FACTORIES?

Evening Post, Volume LXXXI, Issue 21, 26 January 1911, Page 3

PICTURE SHOWS. ARE THEY FACTORIES?

LABOUR DEPARTMENT WILL BRING TEST CASE. Some picture theatres have their own plant , for the generation of electricity for lighting the house and working the kinematograph lantern. The question arises under Section 1 of the Factories Act : Are picture-theatres of the above description factories? In the definition of "factory" in the Act is included "every building or place in which electrical energy 16 generated or transformed as an illuminant or a motive power for trade or eale, or in which coal gae or any other form of gae is produced for i the like purpose." A special message to The Post from Palmerstou North yesterday, I stated that the Labour Deparfc- , ment, represented by the Inspector of Factories, has threatened to prosecute local picture-show houses for failing to register as factories where electricity is produced for the purposes of sale. The Mayor has secured an opinion from Mr. T. I<\ Martin, solicitor to the Municipal Association, to the effect that an Opera House is not liable, as electricity ie not produced for sale. The Borough Council has decided to take no action, but to wait the threatened prosecution of the department. It appears from enquiry that the department is quite determined to proceed with the prosecution and make a test case of the question. If it wins, picture theatres throughout th« Dominion, which generate their own electricity, will have to comply with the Act and iregister as factories. There is no animus apparent in the prosecution. It is simply for the purpose of settling the legality of the position. Should the department win and the picture theatre be declared a factory, the following questions arise: — Will it be necessary to take out a license for a house of entertainment? Will it be necessary to build new picture-houses 33 feet back from th« crown of the street? Will it be necessary to have right-of-ways at each side of the building, and to have oxit doors and fire-extinguishing appliances ? Generally, is the building a factory or a house of entertainment? The department itself is not concerned with this aspect of the case, but the probable answer is that the picture | theatre of the kind described is both j a factory and a house of entertainment. • The law will doubtless apply only to the generating plant and the workers employed in its management. This seems to be the intention of the department. The case will be watched with, interest, and the decision of the magistrate will decide an important point.