THE ROYAL THEATRE.

Manawatu Herald, Volume XLI, Issue 2038, 7 October 1919, Page 3

THE ROYAL THEATRE.

“FLOUTING THE COUNCIL.” BY-LAWS TO BE ENFORCED. A special meeting of the Foxlon Borough Council was held last night to deal with the question.of the Royal Picture Theatre license, and with reports from (lie District Health Officer on two dwellings in the borough. There were present; The Mayor (Mr John Chrystall) and Crs. Bryanl, Parkin, Walker, Pearson, Rand, Coley,* Thompson,, andM ('Murray. The Mayor moved that the discussion in connection with the Picture Theatre be taken in open council. He said that a day or two ago, in company with the Town Clerk, he had gone to sec Mr Hamer in reference to the recommendations of the architect, and Mr Hamer had stated that the whole of the public Avas against the Council in this matter. The Mayor said he ha (I his oAvn opinion as to the accuracy of that statement, hut he thought the Council had been rather foolish in the past in Iransaeting all the business in connection with tbc'Royal in committee. They'hud nothing to hide, and he thought it Avould be advisable to discuss the matter now in open Council. The motion Avas seconded, and earned unanimously.

The Mayor said that since last meeting a letter had been sent to Messrs Hamer and Son, asking them to carry out the recommendations of the architect, but no notice Avhatever had been taken of same. He had inlervicAved Air R. Afoore, Borough solicitor, on the matter, and he advised as folloAvs: —

“In reference to the position on which you ask ray advice in regard to the exhibition of pictures by Mr Haraev, I am of opinion that he cannot lawfully do this without first obtaining the license provided for by the Borough by-laws. This is independent of the question whether the license is properly or improperly refused. The refusal does not entitle him to act in defiance of the Council, His remedy is to apply to the Supreme Court for an order to the Council, and the Court will grant or refuse the order according to whether it considers the Council has wrongly or rightly refused the license. Accordingly, if Mr Hamer does act in defiance of the Council, I consider that he would be liable to pro>eculion for a breach of (lie borough by-laws in using an unlicensed place for public entertainment. The by-laws appear io me lo be drawn up in a way'which would make il rather difficult to show that the use' of the building for entertainment without a license is a breach, but I think the Court would uphold the Council in this part of the matter. Whether the Supreme Court would support the Council in regard to the question of issuing a license depends, of course, upon the view it would take of th'b reasonableness of the Council’s requirements in regard to the building.”

The Mayor said he had also asked Mr -I. McKuight, the Council’s (ire inspector, for a reporlTAud he wrote as follows: —

“] beg to’ report that 1 have inspected the 11 oval Picture Hall at various limes during the course of erection. I have found that the architect’s recommendations have not been carried out in compliance with the Borough by-laws. I endorse Mr West’s recommendation regarding tire escapes, also he has made no' provision for urinal and closet accommodation for gentlemen.”

The finest ion now before the Council, said the Mayor, was to decide what action should be taken in the matter, Cr. Walker said be was certainly of the opinion that the Council should not allow Messrs Hamer and Son to defv them.

The Mayor said a further application had been received, together with plans, etc. (produced), for a permit to make extensions to the present building, at an estimated ■cost of £450.

' Cr. Coley said that no attempt had been made by Air Hamer to carry out the recommendations of Hie architect, and ho considered the Council should force him to do so. Ti appeared that he was simply defying the Council. B Cr. Walker said the Council sh’oJl uld withhold any further permit mm til the recommendations ebitect in connection with thyaresent building had- been with. . Ci’. Bryant said it seemed to him'llial (be new permit was a dodge to save time. He was doubtful if the extensions would over ho carried out. The Mayor moved, and Cr. Coley seconded, that the attention of the police he called to pictures being shown in the Koval Theatre, the same being an unlicensed building, and in contravention of Section 305 of the Municipal Corporations Act, ions.

In speaking to the motion, the Mayor said he wished to disabuse the minds of many people that the Council was up against private enterprise because they had an opposition hall. The by-laws provided for certain things, and the Council must uphold their own by-laws, and also must safeguard the people who attend that theatre. They had the architect's recommendations as to tire escapes and tie rods, and if the Council granted a license before these recommendations were carried out, then he thought-: they would be morally responsible should an accident occur.

Cr. Pearson said he would like to ask on whaf grounds the Council had refused the license, was it on account of (lie hnilding"itself, or the lire escapes? Outside of the fire

escapes' Mi* flamer wa*6rmjd i r Ihe other points were only recommendations. Pie didn’t think/the tie rods would make any difference whatever to the building. The Mayor said that house did not have a brick wall orC one side, and no permit had been obtained for the erection of same. According to the by-laws all the walls must be brick, and the back wall of the theatre was partly of wood and iron. ■

Cr, Pearson: According isfo the reading of the by-law it is only neccssarv for the side Avails to he of brick.-

Cr. Rand asked if Mr Hamer avus Ihe only man that had put up a building Avifhout brick Avails. He kneAV of several places in the Alain Street Avhere sheds, etc., had been erected in Avood, Avithout permits. Cr. McMurray said it appeared that Mr Hamer Avas flouting the Council. They did not want to he oppressive, but must uphold the byhnvs, and some action should be taken.

The Mayor said that he had done all that he could reasonably be expected to do. Tu company with the Toavia Clerk lie inJervicAved Messrs Hamer and Son, and he certainly did not get a good reception. They got a lot of abuse, and he Avas told that the Mayor avus at the bottom of the Avhole thing. « The motion avus carried Avithout-a dissentient voice,

The application for a permit to make extensions to t ho building avus referred to the Work's Committee. The Committee met subsequently, and decided to forward the plans to the Council’s architect, and if same comply Avith the by-la ws a permit willjie granted.

Reports were read from the District Health Officer as lo the condition of I wo dwellings in the borough, one in Baker Street, and the other in Palmerston Street, and recommending that certain’ improvements he effected. —Il was decided to communicate with the owners of the properties, calling upon them to immediately carry out the recommendations of the Health Officer.