The Sun.
London, England, 1833-10-18 00:00:00

NEW STRAND THEATRE.

The music license for this theatre having been refused
by the Magistrates yesterday, on the ground of Mr. Rayner
not being in possession,
Mr. PAYNE, on that gentleman's behalf, renewed the
application this morning. The Magistrates, yesterday,
the Chairman dissenting, had expressed an opinion that the
license was personal and not to the premises, but if the
license were granted it would operate for the house, and
Mr. Rayner would have no control, he not being in
possession of it. That was a mistaken notion, because if
anything was done by Miss Kelly contrary to the lease
Mr. Rayner could immediately take possession. After
attentively considering the Act, it appeared to him that
the license was personal, but then a question would
at ise whether such a license granted for a year
at the Michaelmas Quarter Sessions could come
into operation till the party to whom the license was
granted began to keep the house ; and whether a person
in possession before and at the time the license was applied
could derive any benefit under or have any thing to do
with it. He felt no hesitation in saying that he could
not, nor could the license begin to opera e till the party to
whom it was granted took p ssession. Should, however, the
Court be against hint, on those points he could adduce
instances where similar licenses had been granted to indi-
viduals not in possession of the premises, but having let
them to other persons. For instance, the license for Sad-
ler's Wells was granted to Grimaldi and others, Mr. Almar
being really in possession. And the license to the Queen's
Theatre was granted to Mr. Wilde, while it was notorious
that Mr. Perry was in possession. The Learned Counsel
went through the Acts of Parliament on the subject with
great clearness, and in conclusion expressed a hope, no
principle of law being here clear, than that a Court of
Quarter Sessions, unless restricted by Acts of Parliament,
had a control over its own orders, that the Court would
set aside the order pronounced yesterday and grant the
license.

The CHAIRMAN said that he remained of the same opi-
nion that he erpr.-ssed yesterday, that a license slight be
granted by the Court, which would have to be in abey-
ance for a certain period; the only difficulty he felt Wds
that the license had been refused by a full bench of ma-
gistrates, and the application was renewed before a thin
one. It the Court, as at present constituted, was to Set
aside the decision of yesterday, he was sfraid his brother
magistrates, who were absent, would have just cause
to complain that no notice had been given to
them on the subject. The Chairman, after consulting
with the Magistrates present, /rated that it was their opi-
nion that the application should he refused.

Mr. Rayner said he thought he bad been rather hardly
dealt with by the Court, as th,y would not grant him the
same privilege they would to any body else.

The CHAIRMAN—I Think so too.

In the comae of his observations yesterday
The CHAIRMAN said, that be did not think Mr. Rayner
would remain lung witlp.ut his lic.nse. What could
induce the Lord Chamberlain to withhold it, he was at a loss
to conceive. If any theatre deserved to be licensed it was
that.

FASHIONABLE INTELLIGENCE.