Licence for the Exclusive Monopoly of Supply of Refreshments
MEMORANDUM OF A LICENCE GRANTED by A.B., aged . . . . . . . . . . ., etc. sole proprietor of the . . . . . . . . . . . Cinema (hereinafter called ‘‘the Licenser’’) to, The . . . . . . . . . . . Company Limited (hereinafter called ‘‘the Licensee’’) this the . . . . . . . . . . . day of . . . . . . . . . . . , 20 . . . . . . . . . . .
WHEREAS within the . . . . . . . . . . . cinema building situate at . . . . . . . . . . . there is provision for a Refreshment Room and Bar, and the persons visiting the cinema performances need refreshments, cold drinks, etc. to be served in the auditorium;
AND WHEREAS the Licensee is desirous of acquiring the sole and exclusive licence and privilege of supplying refreshments to the public within the Refreshment Room and Bar and other places within the cinema building and the Licenser is agreeable to give such leave and licence exclusively to the Licensee.
NOW THIS MEMORANDUM WITNESSES as follows:
1. That the Licenser has this day granted full leave, liberty and licence to the Licensee to prepare, cook, make and stock all such provisions and dishes, sweets, etcetera as the public may desire in the two rooms adjoining and behind the Bar and Refreshment Room on the east side of the main auditorium of the said cinema and to supply to all persons visiting the Refreshment Room and the cinema performances within the auditorium, the lounge and the Refreshment Room such dishes, food and drinks as may be permitted and asked for by the customers.
2. That the Licensee is also permitted to use electric energy for domestic purposes, that is, for cooking and refrigeration purposes from the non-domestic mains and energy for lighting and fan from the domestic mains, and shall pay the actual current consumed at the official rate of the Electric Supply Company and as recorded in the sub-meters provided for the purpose. Such payment to be made by the Licensee within such time as may be specified each month and subject to such rebate as may be allowed by the Electric Supply Company.
3. That the leave, liberty and licence granted to the Licensee shall be exercised by the Licensee or such other persons, firm or company as may hereafter succeed to the business of the licensee but shall not descend to any transferee, otherwise than by operation of law. The right to cook, make, prepare, stock and serve refreshments, dishes, etc. shall be exercised by the Licensee or any hired servant or servants or any agent and the right of ingress and egress within the cinema precincts shall only be exercised by genuine servants and employees of the Licensee only for the purposes of the business.
4. That the licence is granted for a period of one year certain and thereafter revocable at the option of the Licenser by a notice of one month, subject, however, to such understanding as may be arrived at between the Licenser and the Licensee regarding the revisability of the licence after the said period of one year.
5. That the furniture and fixtures to be provided by the Licensee for the purpose of the said business within the Refreshment and Bar Rooms and the cutlery and chinaware and all refreshments, drinks, etcetera shall be of good quality and condition and shall be sold to the public at reasonable prices.
6. That the Licensee shall keep the business open at all times when the cinema or other performances are open, but may keep the business closed between the hours of 12 p.m. to 9.30 a.m. subject always to the former condition. The Refreshment and Bar Rooms shall be kept air-conditioned by the Licenser at his expense at all times when the auditorium is also being air-conditioned. At other times there shall be no liability on the part of the Licenser to air-condition the said rooms.
7. The Licensee, his servants or agents as long as they remain within the cinema premises shall be subject to all the rules and regulations of the cinema and under the discipline of the cinema manager. That any damage done to the premises or any furniture, fixture and fitting within the cinema building by the Licensee, his servants, agents or invitees shall be repaired or made good by the Licensee at his cost.
8. That in consideration of the licence the Licensee has paid a sum of Rupees . . . . . . . . . . . (Rs . . . . . . . . . . .) only by way of premium to the Licenser and shall pay a further sum of Rs . . . . . . . p.m. during the subsistence of the same on the . . . . . . . . . . . day of each subsequent month.
9. That the licence may be withdrawn at any time on failure of the Licensee to observe or perform any part of the conditions agreed to be performed or observed by the Licensee without prejudice to the right of the Licenser to claim any arrears of licence fee or damages which may have accrued due.
IN WITNESS whereof the parties hereto have hereunto signed at . . . . . . . . . . the day and the year first abovementioned.
Sd. The . . . . Company Ltd.