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CINEMATOGRAPH ACT 1909

CINEMATOGRAPH ACT 1909 - LONG TITLE

An Act to make better provision for [{1}regulating] Cinematograph and
other Exhibitions.{2}
[25th November 1909]
Provision against cinematograph exhibition except in licensed premises.

CINEMATOGRAPH ACT 1909 - SECT 1

1. [A cinematograph exhibition (as defined in the Cinematograph Act
(Northern Ireland), 1959) shall not] be given unless the regulations
made by the Minister of Home Affairs [under this Act] are complied
with, or, save as otherwise expressly provided by this Act,
elsewhere than in premises licensed for the purpose in accordance
with the provisions of this Act.

CINEMATOGRAPH ACT 1909 - SECT 2
Provisions as to licences.

2.(1) A [district] council may grant licences to such persons as
they think fit to use the premises specified in the licence [for
the purpose of cinematograph exhibitions (as defined in the
Cinematograph Act (Northern Ireland), 1959)] on such terms and
conditions and under such restrictions as, subject to regulations of
the Minister of Home Affairs, the council may by the respective
licences determine.

(2) A licence shall be in force for one year or for such shorter
period as the council on the grant of the licence may determine,
unless the licence has been previously revoked as herein-after
provided.

(3) A [district] council may transfer any licence granted by them
to such other person as they think fit.

(4) An applicant for a licence or transfer of a licence shall give
not less than seven days' notice in writing to the [district]
council and to the chief officer of police of the police area in
which the premises are situated of his intention to apply for a
licence or transfer:

Provided that it shall not be necessary to give any notice where
the application is for the renewal of an existing licence held by
the applicant for the same premises.

(5) There shall be paid in respect of the grant, renewal, or
transfer of a licence such fees as the [district] council may fix,
not exceeding in the case of a grant or renewal for one year
[#5.00], or in the case of a grant or renewal for any less period
[#1.25] for every month for which it is granted or renewed, so
however that the aggregate of the fees payable in any year shall
not exceed [#5.00], or, in the case of transfer, [#1.25].

CINEMATOGRAPH ACT 1909 - SECT 3
Penalties.

3. If the owner of [any] apparatus uses the apparatus, or allows
it to be used, or if the occupier of any premises allows those
premises to be used, in contravention of the provisions of this Act
or the regulations made thereunder, or of the conditions or
restrictions upon or subject to which any licence relating to the
premises has been granted under this Act, he shall be liable, on
summary conviction, to a fine not exceeding [#200], and the licence
(if any) shall be liable to be revoked by the [district] council.

CINEMATOGRAPH ACT 1909 - SECT 4
Power of entry.

4. A constable or any officer appointed for the purpose by a
[district] council may at all reasonable times enter any premises,
whether licensed or not, in which he has reason to believe that
such an exhibition as aforesaid is being or is about to be given,
with a view to seeing whether the provisions of this Act, or any
regulations made thereunder, and the conditions of any licence
granted under this Act [and any restrictions subject to which any
licence has been so granted], have been complied with, and, if any
person prevents or obstructs the entry of a constable or any
officer appointed as aforesaid, he shall be liable, on summary
conviction, to a penalty not exceeding twenty pounds.

S.6 rep. by SRO (NI) 1973/341

CINEMATOGRAPH ACT 1909 - SECT 7
Application of Act to special premises.

7.(1) Where the premises are premises licensed by the Lord
Chamberlain the powers of the [district] council under this Act
shall, as respects those premises, be exercisable by the Lord
Chamberlain instead of by the [district] council.

(2) Where the premises in which it is proposed to give such an
exhibition as aforesaid are premises used occasionally and
exceptionally only, and not on more than six days in any one
calendar year, for the purposes of such an exhibition, it shall not
be necessary to obtain a licence for those premises under this Act
if the occupier thereof has given to the [district] council and to
the chief officer of police of the police area, not less than
seven days before the exhibition, notice in writing of his intention
so to use the premises, and complies with the regulations made by
the Minister of Home Affairs under this Act, and, subject to such
regulations, with any conditions imposed by the [district] council,
and notified to the occupier in writing.

(3) Where it is proposed to give any such exhibition as aforesaid
in any building or structure of a moveable character, it shall not
be necessary to obtain a licence under this Act from the council
of the [district] in which the exhibition is to be given if the
owner of the building or structure

(a)has been granted a licence in respect of that building or
structure by the council of the [district] in which he ordinarily
resides, or by any authority to whom that council may have
delegated the powers conferred on them by this Act; and

(b)has given to the council of the [district] and to the chief
officer of police of the police area in which it is proposed to
give the exhibition, not less than two days before the exhibition,
notice in writing of his intention to give the exhibition; and

(c)complies with the regulations made by the Minister of Home
Affairs under this Act, and, subject to such regulations, with any
conditions imposed by the [district] council, and notified in writing
to the owner.

(4) This Act shall not apply to an exhibition given in a private
dwelling-house to which the public are not admitted, whether on
payment or otherwise.

CINEMATOGRAPH ACT 1909 - SECT 9
Application to Ireland.

9. This Act shall extend to Ireland subject to the following
modifications:

(1)For references to the Secretary of State there shall be
substituted references to the [Minister of Home Affairs]:

(2)The provision of this Act relating to the delegation of powers
shall not apply:

(3)Any of the powers conferred on the [district] council by this
Act may be exercised by any officer of the council authorised in
writing by the council in that behalf for such period and subject
to such restrictions as the council think fit:

Subs.(4)(6) rep. by SRO (NI) 1973/341

(7)The expressions "police area" and "chief officer of police" mean
a police district and the county inspector of the Royal Irish
Constabulary.

CINEMATOGRAPH ACT 1909 - SECT 10
Short title.

10. This Act may be cited as the Cinematograph Act, 1909 ....