DESIRABLE LIMITATIONS OF LOCAL CONTROL
The problem is not a difficult one. The municipality can be limited just as the monarchy is limited. The Act transferring theatres to local control can be a charter of the liberties of the stage as well as an Act to reform administration. The power to refuse to grant or renew a licence to a theatre need not be an arbitrary one. The municipality may be required to state the ground of refusal; and certain grounds can be expressly declared as unlawful; so that it shall be possible for the manager to resort to the courts for a mandamus to compel the authority to grant a licence. It can be declared unlawful for a licensing authority to demand from the manager any disclosure of the nature of any entertainment he proposes to give, or to prevent its performance, or to refuse to renew his licence on the ground that the tendency of his entertainments is contrary to religion and morals, or that the theatre is an undesirable institution, or that there are already as many theatres as are needed, or that the theatre draws people away from the churches, chapels, mission halls, and the like in its neighborhood. The assumption should be that every citizen has a right to open and conduct a theatre, and therefore has a right to a licence unless he has forfeited that right by allowing his theatre to become a disorderly house, or failing to provide a building which complies with the regulations concerning sanitation and egress in case of fire, or being convicted of an offence against public decency. Also, the licensing powers of the authority should not be delegated to any official or committee; and the manager or lessee of the theatre should have a right to appear in person or by counsel to plead against any motion to refuse to grant or renew his licence. With these safeguards the licensing power could not be stretched to censorship. The manager would enjoy liberty of conscience as far as the local authority is concerned; but on the least attempt on his part to keep a disorderly house under cover of opening a theatre he would risk his licence.