Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223

Facts:

  • The appellant cinema proprietor (P) appealed against a decision that a condition imposed by the respondent local licensing authority on the grant of permission for Sunday performances at the cinema was not ultra vires.
  • The appellant had been granted permission to be open on Sundays, but only provided that no children under the age of 15 were admitted.
  • P argued that the local authority had acted unreasonably in imposing the condition.

 Issue:

  • Could the Court overturn the decision because it was unreasonable?


 Ratio:

  • Appeal dismissed.
  • The court’s power to interfere was not as an appellate authority to override the decision of a local authority, but as a judicial authority which was only concerned to see whether the local authority had contravened the law by acting in excess of its powers.
  • The matter dealt with by the condition was one which a reasonable authority would be justified in considering when deciding what condition should be attached to the grant of the licence.

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