CINEMAS ON SUNDAY.

New Zealand Herald, Volume LXVIII, Issue 20819, 11 March 1931, Page 18

CINEMAS ON SUNDAY.

ILLEGALITY IN LONDON. ACT OF .150 YEARS AGO. [FROM OUR. OWN CORRESPONDENT.] LONDON, Jan. 29. The Court of Appeal lias dismissed Hie appeal of the London County Council from a decision of the Divisional Court of the King's Bench that the council, in allowing the Streatham Astoria to be opened for cinematograph entertainments on Sundays, were giving permission to do that which was expressly forbidden by tho Sunday Observance Act, 1781. This Act lays down that "There shall be no meetings, assemblies, or concourse of people on the Lord's Day for entertainments, sports or pastimes whatsoever." Lord Justice Scrutton, giving judgment, said that the appeal raised questions of some public importance. He entirely agreed with the decision of the Divisional Court. " There is an Act still on the Statute Book, unrepealed, of 1781, called the Sunday Observance Act," he proceeded, " and the main enactment in that statute was that 'any house, room or other place used for public entertainment or amusement to which persons shall lie admitted by the payment of money on the Lord's Day shall be deemed to be a disorderly house." But for a very considerable time, the •London County Council had adopted a system which, looked at in cold blood now, was very difficult to understand. "They grant," continued Lord Justice Scrutton, "to tho owner of a cinematograph theatre a licence on the terms that he shall not open on Sundays. They then frame a series of rules providing for permission to open on Sundays, and that is a thing which the licensees cannot do according to their licences and which is illegal according to tho Act of 1781. " But in making it possible to open on Sundays the licensee has to pay money to charitable institutions, and when lie is ready to pay this money they—the County Council—say, 1 We will not <'it present prosecute, providing you pay this money.' " J have decided," continued the Judge, " that the Theatres and Music-hall Committee of the Council, in dealing in the way they have done with the applications for permission to open the cinemas on Sundays, have been guilty of an illegal act; that is to say, they have allowed or given permission to a man to break the Lord's Day Observance Act, and have done so with their eyes open.

" In my view (ho council/ like many oilier important bodies in this country, must obey the law as laid down until Parliament alters it. Neither (he County Council nor any other such body has I lie authority to dispense with tho performance of the law as laid down in tho Statute Book. Therefore, I think the appeal should be dismissed, with costs. Lord Justices Greer and Slessor concurred. The appeal was accordingly dismissed, with costs. Cinema exhibitors have decided to continue to open their theatres on Sundays until they are officially notified that they must not do so. It is pointed out that, tho Court's decision simply established the illegality of tho arrangement under which Sunday licences are granted, not the illegality of opening. It is considered that a simple way of bringing the opening of tho cinemns on Sundays into line with the law would be to grant admission with payment for seats.