Section 28Part 3 — PUBLIC FILM EXHIBITION PREMISES LICENCE
Suspension or revocation of premises licence and offence
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The Department may suspend a premises licence for such period as it thinks fit, or it may revoke the premises licence if it is determined that —
a film in respect of which a rating certificate was issued or recognition accorded to the rating given by a board of internationally recognised film censors is being exhibited in a form other than the one in which it was certified or recognised;
the premises in respect of which the licence was issued is being used contrary to the licensing terms;
the film is being exhibited contrary to the prohibition specified in section 10(1);
there is noncompliance with the rules specified in Schedule 6;
the holder of the premises licence has failed to pay the penalty imposed under section 31(1);
the premises licence has been obtained by fraud or misrepresentation as to an essential fact; or
the film or any part thereof is otherwise being exhibited in contravention of the provisions of this Law.
In the event of the revocation of a licence issued under the Local Companies (Control) Law (2007 Revision) or the Trade and Business Licensing Law, 2014 the Department shall revoke a premises licence.
Premises shall not be made available for the conduct of any public film exhibition —
during the period in which a premises licence remains suspended; or
after the revocation of a premises licence.
The Department shall not take any action under this section without giving the owner or controller of the premises an opportunity of being heard.
A person who continues to publicly exhibit a film on premises notwithstanding —
the suspension or revocation of a premises licence; or
being notified in writing by the Department that he is acting in contravention of the provisions of this Law,
commits an offence and is liable on summary conviction to a fine of four thousand dollars or to imprisonment for a term of six months or to both; and in the case of a continuing breach, a person may be ordered by the court to pay a further sum of one hundred dollars for each day that such breach continues after the date of its proof.
Where an offence under subsection (5) has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of the member in connection with his functions of management as if he were a director of the body corporate.
Cross References
- Section 10 of Film Exhibition Control Law
contrary to the prohibition specified in section 10(1)
- Section 31 of Film Exhibition Control Law
failed to pay the penalty imposed under section 31(1)
- Section 0 of Local Companies Control Law
licence issued under the Local Companies (Control) Law (2007 Revision)
- Section 0 of Trade And Business Licensing Law
Trade and Business Licensing Law, 2014