Associated Provincial Picture Houses Ltd vs. Wednesbury Corporation

Facts

The defendants- the corporation of Wednesbury is the licensing authority to allow the Sunday performances in the Cinema with certain conditions. The plaintiffs, proprietors of a cinema theatre in Wednesbury, sought to obtain from the court a declaration that a certain condition imposed by the defendants on the grant of a license was ultra vires.

Key Takeaways for Students

Legal Issue

Whether the authority has acted unreasonably in imposing the condition?

Holding

The majority, consisting of Justice Lush and Mr Justice Rowlatt held that the condition was ultra vires as there was no connection between the ground upon which the condition was imposed and the subject matter of the licence. Mr Justice Atkin on the other hand, delivered a dissenting judgment expressing the opinion that the power to impose conditions, the conditions must be (1) reasonable; (2) in respect of the use of the licensed premises; (3) in the public interest. Subject to that restriction there is no fetter upon the power of the licensing authority.

In a result, this appeal must be dismissed. The court is entitled to investigate the action of the local authority to see whether they have taken into account matters which they ought not to take into account, or, conversely, have refused to take into account or neglected to take into account matters which they ought to take into account. The power of the court to interfere in each case a judicial authority which is concerned to see whether the local authority has contravened the law by acting more than the powers which Parliament has confided in them.

Final Decision Appeal Dismissed

Ratio

Courts should only interfere with an administrative decision if it is unreasonable.