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Cinemas Act 1985
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- 1985 c. 13
- Enforcement
- Section 10
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- Act ceased to have effect by 2003 c. 17 Sch. 6 para. 95 Sch. 7
Commencement Orders yet to be applied to the Cinemas Act 1985:
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/3142 art. 3(1) Sch. 1 commences (2003 c. 21)
- S.I. 2005/910 art. 3(aa) commences (2003 c. 39)
- S.I. 2005/3056 art. 2(2) commences (2003 c. 17)
10 Offences.E+W+S
(1)If—
(a)any premises in respect of which a licence under section 1 above is not in force are used for an exhibition which requires such a licence,
(b)any premises in respect of which a consent under section 2 above is not in force are used for an exhibition which requires such a consent,
(c)any premises in respect of which a licence of either kind is in force are used for an exhibition which requires a licence of that kind and are so used otherwise than in accordance with the terms, conditions or restrictions on or subject to which the licence is held,
(d)any premises in respect of which a licence under section 1 above is in force are used for an exhibition to which section 6 above applies and are so used otherwise than in accordance with the conditions or restrictions on or subject to which the licence is held, so far as they relate to the matters specified in section 4(2)(a) above, or
(e)any premises are used for an exhibition to which regulations under section 4 above apply and are so used in contravention of those regulations,
then, subject to subsection (3) below, each of the persons mentioned in subsection (2) below shall be guilty of an offence.
(2)The persons referred to in subsection (1) above are—
(a)any person concerned in the organisation or management of the exhibition,
(b)where a licence of either kind is in force in respect of the premises and the exhibition requires a licence of that kind, the holder of the licence,
(c)where a licence under section 1 above is in force in respect of the premises and the exhibition is one to which section 6 above applies, the holder of the licence under section 1, and
(d)any other person who, knowing or having reasonable cause to suspect that the premises would be used as mentioned in that subsection—
(i)allowed the premises to be so used, or
(ii)let the premises, or otherwise made them available, to any person by whom an offence in connection with that use of the premises has been committed.
(3)It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
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