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Winter Garden Theatre (London) v Millennium Productions [1948]


  • A contractual licence was granted by a theatre owner to a production company to use the theatre for productions
  • The licence gave the licensee production company the right to terminate the licence on 6 weeks’ notice at the end of and 6 month period
  • The licence did not give the licensor owner a right to terminate
  • The licensor sought to evict the licensee, providing 1 month’s notice


  • Was the revocation notice effective?


  • Yes


  • A licence may not grant rights which exceed those capable of being granted by way of a lease
  • ‘Perpetual’ licences may be revoked on reasonable notice
  • 1 month’s notice was reasonable
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