SUNDAY CONCERTS

Evening Post, Volume CXI, Issue 138, 13 June 1931, Page 15

SUNDAY CONCERTS

POSITION IN AUCKLAND

DECISION TO PROSECUTE

A decision to prosecute in cases where it was considered that the holding of Sunday concerts contravened tho provisions of the Municipal Corporations Act was made by'the Auckland City Council on Thursday evening (reports the "New Zealand Herald"). The City Solicitor, Mr.' J. Stanton, reiterated an earlier opinion that to succeed in such a prosecution tho council would have to establish that the concert or entertainment element was the dominant element ill the programme. "If it is thought that this can be done, or even that there is a reasonable probability of so doing, tho council would bo justified in prosecuting," added the solicitor. Reporting later in detail on various Sunday evening performances, Mr. Stanton said: "Tho -concerts by unemployed musicians appear to be concerts in the ordinary sense, and so to constitute a breach of section 109 of the Act. PURPOSE OF EVENING GATHERINGS. "Regarding the Majestic Theatre evenings, these gatherings aro advertised as 'Sunday Evenings at the' Majestic Theatre,' and the niost prominent items in tho advertisement are tho pictures to be shown," continued Mr. Stanton. "These advertisements do not indicate that the meetings are in furtherance of any roligious, social or political purpose, nor do they show what individuals or society promotes them. Prima facie they look like entertainments with an address introduced for the purpose of giving an appearance of being something else. ' ■ "In each case the address is advertised as being short, and reserves are provided for. I think the council would bo justified in prosecuting in these cases, although the result no doubt would depend to some extent on what the promotors could show to be their object in holding the gatherings. THE LABOUR PARTY. "In connection with - the Labour Party meetings in the Prineo Edward Theatre, the advertisements of these gatherings suggest that they aro primarily intended for propaganda purposes on behalf of the Labour Party, arid that the entertainment element is introduced for tho purpose of drawing an audience, who may be reached or influenced by the, addross or lecture. I think a prosecution in these cases might bo difficult, and I would suggest that if the council decides to prosecute in the Majestic case, these bo taken first, and a ruling max then bo .obta"ned which would be some guide in relation to the Prince Edward Theatre cases. ' ..... ',' lnthe absence of any judicial pronouncement on the meaning and construction of section 109, and also where the facts are not completely known,, it is evident that any cases -taken must be in the nature of test cases, and the result for the present must be rcgardded as uncertain," added Mr. Stanton. COMMITTEE'S RECOMMENDATIONS. , The Legal and Bylaws Committee recommended:—(l) That no further permits bo granted in the meantime for concerts by unemployed musicians; (2) that the City Solicitor take action m accordance with his report to prosecute in those eases where he considers a breach of section 109 of the Municipal Corporations Act, 1920, has occurred.: Mr. T. Bloodworth movod, as an amendment, that no further, action bo taken. This was defeated. • . ■ Miss E. Melville moved that the clause bo referred back to tho committee with instructions that the Ojty Solicitor take actionin the case in which he thought there was most chance of succeeding. This amendment also was lost, ..and the report of tho committee adopted. . "