Clore v Theatrical Properties Ltd and Westby & Co Ltd    Landlord and Tenant – Licence – Distinguished from lease – Enforcement by assignees –
Restrictive covenants affecting property other than land – Agreement for front of the house
rights.
By an indenture, which is ordinarily called an agreement for the front of the house rights of a
theatre, it was provided that: “the lessor doth hereby demise and grant unto the lessee the free
and exclusive use of all the refreshment rooms … of the theatre … for the purpose only of the
supply to and the accommodation of the visitors to the theatre and for no other purpose
whatsoever.” There was a condition that the lease should not be assigned nor sublet except
with the lessor’s consent. The definition clause stated that the terms lessor and lessee should
include their executors administrators and assigns. An assignee of the lessor sought to prevent
assignees of the lessee from exercising any of the rights conferred upon the lessee by the
indenture:—