Millennium would have to give a month's notice if it wished to terminate, but Winter Garden's obligations were not stated.

Then Millennium made a contract with artists to show Young Mrs Barrington, from 5 September till January 1946, but on 13 September Winter Garden decided to revoke the licence, giving a month's notice, and demanding it leave on 13 October.

Millennium argued that there was a breach of contract and that Winter Garden could only revoke if Millennium was in breach of contract, or that there had to be a (revised) reasonable notice period, one month no longer being reasonable.

To my mind, as at present advised, a licensee who has refused to accept the wrongful repudiation of the bargain which is involved in an unauthorised revocation of the licence is as much entitled to the protection of an injunction as a licensee who has not received any notice of revocation.Lord Macdermott said the following.

[4] one who remains on the land of another after his licence to use it has terminated will not be considered a trespasser before he has had a reasonable time in which to vacate the premises… This period of grace can, of course, be the subject of agreement… ascribed to a rule of law rather than to an implied stipulation.’ ...the conclusion I reach is that in this contract there should be implied a stipulation to the effect that, after the expiration of the first year, the licence might be terminated by the licensors on the expiration of a reasonable notice period duly communicated to the licensees.Part II of the Landlord and Tenant Act 1954 provides business tenants with the guarantee of a new lease unless they expressly contracted out of its guarantees.