§ 18. Sir BASIL PETOasked the Home Secretary whether he will amend the Sunday Entertainments Act so as to secure a procedure whereby a licence for opening cinemas on Sunday which has been granted following the result of a poll can be discontinued or withdrawn?
§ Sir J. GILMOURThere is nothing in the Act to deprive a licensing authority of the power to refuse, in the exercise of their judicial discretion, to renew the permission previously granted to an individual cinema to open on Sundays. If, however, my hon. Friend suggests that amending legislation should be introduced with a view to providing a procedure which would enable licensing authorities to decide, of their own volition, to discontinue the use of powers which have been granted by Parliament, I regret that I would not be prepared to propose such legislation.
§ Sir B. PETOWhere reasonable conditions are attached to the granting of licences to open on Sunday, and those 1770 conditions are not adhered to, will that be good ground for the licensing authority not renewing the licence for another year?
§ Sir J. GILMOURAs I have said, think that in individual cases licensing authorities have power to deal with these matters.
§ 14. Mr. RHYS DAVIESasked the home Secretary whether he is aware, in connection with the proposed Sunday opening of cinemas in the Birmingham area, that cinema exhibitors have now decided not to open on 11th December, 1932, as originally arranged; that the deadlock has been brought about because the exhibitors object to the condition laid down by the city justices that no member of the staff should work more than one Sunday in four, and that the exhibitors are now pressing the justices to relax this condition; and whether he-will see to it that the condition referred to shall be upheld by his Department?
§ Sir J. GILMOURI understand that the facts are substantially as stated by the hon. Member. The condition referred to has been imposed by the licensing authority in the exercise of its discretion, and the matter is not one in which I have any jurisdiction under the Act to intervene.
§ Mr. DAVIESWill the right hon. Gentleman bear in mind that the licensing justices were very anxious to carry out the spirit of this Act by not calling upon the employés to be engaged on more than one Sunday in four, and is it not a fact that ho has power to see that the order is in conformity with the desire of the employés as well as of the trade?
§ Sir J. GILMOURIt is not a question of law. They have this discretion under the Act, and in their discretion they have made the additional condition. As I have said in my answer, the matter is not one in which I have jurisdiction under the Act.
§ Mr. ALAN TODDWill the right hon. Gentleman do everything he can to relieve the appalling gloom which exists in Birmingham on Sundays?
§ Mr. SMEDLEY CROOKEIs the right hon. Gentleman aware that the reasons given in this question arc not only inaccurate but misleading?