Theatres Act 1968

1968 CHAPTER 54

Contents

Go to Preamble

1. Abolition of censorship of the theatre

   1. 1. Abolition of censorship of the theatre

2. Provisions with respect to performances of plays

   1. 2. Prohibition of presentation of obscene performances of plays

   2. 3. Defence of public good

   3. 4. Amendment of law of defamation

   4. 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   5. 6. Provocation of breach of peace by means of public performance of a play

   6. 7. Exceptions for performances given in certain circumstances

   7. 8. Restriction on institution of proceedings

   8. 9. Script as evidence of what was performed

   9. 10. Power to make copies of scripts

   10. 11. Delivery of scripts of new plays to British Museum

3. Licensing of premises for public performance of plays

   1. 12. Licensing of premises for public performance of plays

   2. 13. Enforcement of s. 12

   3. 14. Appeals in respect of licences

4. Miscellaneous and general

   1. 15. Powers of entry and inspection

   2. 16. Offences by bodies corporate

   3. 17. Existing letters patent

   4. 18. Interpretation

   5. 18A. Meaning of promotion for private gain

   6. 19.†Consequential amendments, repeals and transitional provisions

   7. 20. Short title, commencement, extent and application to Isles of Scilly

5. SCHEDULE 1

   Provisions with respect to Licences

6. SCHEDULE 2

   Consequential Amendments

7. SCHEDULE 3

   . .

An Act to abolish censorship of the theatre and to amend the law in respect of theatres and theatrical performances.

[26th July 1968]

Abolition of censorship of the theatre

1 Abolition of censorship of the theatre

(1)The M1Theatres Act 1843 is hereby repealed; and none of the powers which were exercisable thereunder by the Lord Chamberlain of Her Majesty’s Household shall be exercisable by or on behalf of Her Majesty by virtue of Her royal prerogative.

(2)In granting, renewing or transferring any licence under this Act for the use of any premises for the public performance of plays or in varying any of the terms, conditions or restrictions on or subject to which any such licence is held, the licensing authority shall not have power to impose any term, condition or restriction as to the nature of the plays which may be performed under the licence or as to the manner of performing plays thereunder:

Provisions with respect to performances of plays

2 Prohibition of presentation of obscene performances of plays

(1)For the purposes of this section a performance of a play shall be deemed to be obscene if, taken as a whole, its effect was such as to tend to deprave and corrupt persons who were likely, having regard to all relevant circumstances, to attend it.

(2)Subject to sections 3 and 7 of this Act, if an obscene performance of a play is given, whether in public or private, any person who (whether for gain or not) presented or directed that performance shall be liable—

(a)on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding six months;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding three years, or both.

(3)A prosecution on indictment for an offence under this section shall not be commenced more than two years after the commission of the offence.

(4)No person shall be proceeded against in respect of a performance of a play or anything said or done in the course of such a performance—

(a)for an offence at common law where it is of the essence of the offence that the performance or, as the case may be, what was said or done was obscene, indecent, offensive, disgusting or injurious to morality; or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

and no person shall be proceeded against for an offence at common law of conspiring to corrupt public morals, or to do any act contrary to public morals or decency, in respect of an agreement to present or give a performance of a play, or to cause anything to be said or done in the course of such a performance.

3 Defence of public good

(1)A person shall not be convicted of an offence under section 2 of this Act if it is proved that the giving of the performance in question was justified as being for the public good on the ground that it was in the interests of drama, opera, ballet or any other art, or of literature or learning.

(2)It is hereby declared that the opinion of experts as to the artistic, literary or other merits of a performance of a play may be admitted in any proceedings for an offence under section 2 of this Act either to establish or negative the said ground.

4 Amendment of law of defamation

(1)For the purposes of the law of libel and slander (including the law of criminal libel so far as it relates to the publication of defamatory matter) the publication of words in the course of a performance of a play shall, subject to section 7 of this Act, be treated as publication in permanent form.

(2)The foregoing subsection shall apply for the purposes of section 3 (slander of title, etc.) of the M1Defamation Act 1952 as it applies for the purposes of the law of libel and slander.

(3)In this section “words” includes pictures, visual images, gestures and other methods of signifying meaning.

(4)This section shall not apply to Scotland.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

6 Provocation of breach of peace by means of public performance of a play

(1)Subject to section 7 of this Act, if there is given a public performance of a play involving the use of threatening, abusive or insulting words or behaviour, any person who (whether for gain or not) presented or directed that performance shall be guilty of an offence under this section if—

(a)he did so with intent to provoke a breach of the peace; or

(b)the performance, taken as a whole, was likely to occasion a breach of the peace.

(2)A person guilty of an offence under this section shall be liable—

7 Exceptions for performances given in certain circumstances

(1)Nothing in sections 2 to 4 of this Act shall apply in relation to a performance of a play given on a domestic occasion in a private dwelling.

(2)Nothing in sections 2 to 6 of this Act shall apply in relation to a performance of a play given solely or primarily for one or more of the following purposes, that is to say—

(a)rehearsal; or

(b)to enable—

(i)a record or cinematograph film to be made from or by means of the performance; or

(ii)the performance to be broadcast; or

[F1(iii)the performance to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;]

but in any proceedings for an offence under section 2, 5 or 6 of this Act alleged to have been committed in respect of a performance of a play or an offence at common law alleged to have been committed in England and Wales by the publication of defamatory matter in the course of a performance of a play, if it is proved that the performance was attended by persons other than persons directly connected with the giving of the performance or the doing in relation thereto of any of the things mentioned in paragraph (b) above, the performance shall be taken not to have been given solely or primarily for one or more of the said purposes unless the contrary is shown.

(3)In this section—

• “broadcast” means broadcast by wireless telegraphy (within the meaning of the M1Wireless Telegraphy Act 1949), whether by way of sound broadcasting or television;

• “cinematograph film” means any print, negative, tape or other article on which a performance of a play or any part of such a performance is recorded for the purposes of visual reproduction;

• “record” means any record or similar contrivance for reproducing sound, including the sound-track of a cinematograph film;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

8 Restriction on institution of proceedings

Proceedings for an offence under section 2, 5 or 6 of this Act or an offence at common law committed by the publication of defamatory matter in the course of a performance of a play shall not be instituted in England and Wales except by or with the consent of the Attorney-General.

9 Script as evidence of what was performed

(1)Where a performance of a play was based on a script, then, in any proceedings for an offence under section 2, 5 or 6 of this Act alleged to have been committed in respect of that performance—

(a)an actual script on which that performance was based shall be admissible as evidence of what was performed and of the manner in which the performance or any part of it was given; and

(b)if such a script is given in evidence on behalf of any party to the proceedings then, except in so far as the contrary is shown, whether by evidence given on behalf of the same or any other party, the performance shall be taken to have been given in accordance with that script.

(2)In this Act “script”, in relation to a performance of a play, means the text of the play (whether expressed in words or in musical or other notation) together with any stage or other directions for its performance, whether contained in a single document or not.

10 Power to make copies of scripts

(1)If a police officer of or above the rank of superintendent has reasonable grounds for suspecting—

(a)that an offence under section 2, 5 or 6 of this Act has been committed by any person in respect of a performance of a play; or

(b)that a performance of a play is to be given and that an offence under the said section 2, 5 or 6 is likely to be committed by any person in respect of that performance,

he may make an order in writing under this section relating to that person and that performance.

(2)Every order made under this section shall be signed by the police officer by whom it is made, shall name the person to whom it relates, and shall describe the performance to which it relates in a manner sufficient to enable that performance to be identified.

(3)Where an order under this section has been made, any police officer, on production if so required of the order—

(a)may require the person named in the order to produce, if such a thing exists, an actual script on which the performance was or, as the case may be, will be based; and

(b)if such a script is produced to him, may require the person so named to afford him an opportunity of causing a copy thereof to be made.

(4)Any person who without reasonable excuse fails to comply with a requirement under subsection (3) above shall be liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale].

(5)Where, in the case of a performance of a play based on a script, a copy of an actual script on which that performance was based has been made by or on behalf of a police officer by virtue of an order under this section relating to that performance, section 9(1) of this Act shall apply in relation to that copy as it applies in relation to an actual script on which the performance was based.

11 Delivery of scripts of new plays to British Museum

(1)Where after the coming into force of this section there is given in Great Britain a public performance of a new play, being a performance based on a script, a copy of the actual script on which that performance was based shall be delivered to the Trustees of the British Museum free of charge within the period of one month beginning with the date of the performance; and the Trustees shall give a written receipt for every script delivered to them pursuant to this section.

(2)If the requirements of subsection (1) above are not complied with in the case of any performance to which that subsection applies, any person who presented that performance shall be liable on summary conviction to a fine not exceeding [F1level 1 on the standard scale].

(3)In this section “public performance of a new play” means a public performance of a play of which no previous public performance has ever been given in Great Britain, but does not include a public performance of a play which—

(a)is based on a script substantially the same as that on which a previous performance of a play given there was based; or

(b)is based substantially on a text of the play which has been published in the United Kingdom.

(4)For the purposes of this section a performance of a play given solely or primarily for one or more of the purposes mentioned in section 7(2)(a) and (b) of this Act shall be disregarded.

Licensing of premises for public performance of plays

12 Licensing of premises for public performance of plays

(1)Subject to the following provisions of this Act, no premises, whether or not licensed for the sale of intoxicating or exciseable liquor, shall be used for the public performance of any play except under and in accordance with the terms of a licence granted under this Act by the licensing authority.

(2)A licence shall not be required for any premises under any enactment other than this Act by reason only of the public performance at those premises of a play.

(3)For the purposes of subsection (2) above any music played at any premises by way of introduction to, in any interval between parts of, or by way of conclusion of a performance of a play or in the interval between two such performances shall be treated as forming part of the performance or performances, as the case may be, if the total time taken by music so played on any day amounts to less than one quarter of the time taken by the performance or performances of the play or plays given at the premises on that day.

(4)Schedule 1 to this Act shall have effect with respect to licences under this Act.

13 Enforcement of s. 12

(1)If a public performance of a play is given at any premises in respect of which a licence under this Act is not in force—

(a)any person concerned in the organisation or management of that performance; and

(b)any other person who, knowing or having reasonable cause to suspect that such a performance would be given at those premises without such a licence being in force in respect thereof—

(i)allowed the premises to be used for the giving of that performance; or

(ii)let the premises, or otherwise made the premises available, to any person by whom the premises were used for the giving of that performance,

shall be guilty of an offence.

(2)If, while a licence under this Act is in force in respect of any premises, any of the terms, conditions or restrictions on or subject to which the licence is held is contravened or not complied with—

(a)the holder of the licence; and

(b)any other person who, knowing or having reasonable cause to suspect that the premises would be used otherwise than in accordance with those terms, conditions and restrictions—

(i)allowed the premises to be so used; or

(ii)let the premises, or otherwise made the premises available, to any person by whom the premises were so used,

shall be guilty of an offence:

(3)A person guilty of an offence under subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding [F1level 4 on the standard scale]or to imprisonment for a term not exceeding three months, or both.

(4)A licensing authority in England and Wales may institute proceedings for an offence under subsection (1) or (2) above committed in their area.

(5)If the holder of a licence under this Act is convicted of an offence under subsection (2) above, then, subject to section 14 of this Act, the licensing authority may revoke the licence:

(a)the time for bringing an appeal against the conviction has expired without such an appeal having been brought; or

(b)such an appeal has been brought and abandoned or finally determined otherwise than by the quashing of the conviction.

(6)In relation to Scotland, subsection (5) above shall have effect as if the following were substituted for paragraph (a), that is to say—

“(a)a period of fourteen days from the date of the conviction has expired without an appeal against it having been brought; or”

and in paragraph (b), after “abandoned” there were inserted the words “or deemed to be abandoned”.

14 Appeals in respect of licences

(1)Any of the following persons, that is to say—

(a)an applicant for the grant, renewal or transfer of a licence under this Act in respect of any premises whose application is refused;

(b)an applicant for the variation of the terms, conditions or restrictions on or subject to which any such licence is held whose application is refused; or

(c)a holder of any such licence whose licence is revoked by the licensing authority under section 13(5) of this Act or who is aggrieved by any term, condition or restriction on or subject to which the licence is held,

may at any time before the expiration of the period of twenty-one days beginning with the relevant date appeal to a magistrates’ court acting for the petty sessions area within which, or in Scotland to the sheriff within whose jurisdiction, the premises are situated; and the court or sheriff may make such order as it or he thinks fit and, subject to subsection (2) below, that order shall be binding on the licensing authority.

In this subsection “the relevant date” means the date on which the person in question is notified of the refusal of his application, the revocation of his licence or the imposition of the term, condition or restriction by which he is aggrieved, as the case may be.

(2)Any person aggrieved by the order of a magistrates’ court on an appeal under the foregoing subsection may appeal therefrom to [F1the Crown Court].

(3)Where a licence under this Act is revoked under section 13(5) of this Act or an application for the renewal of such a licence is refused, the licence shall be deemed to remain in force—

(a)during any period within which an appeal under this section may be brought and, if such an appeal is brought within the period for doing so, until the determination or abandonment of the appeal; and

(b)where an appeal under this section relating to such a refusal as aforesaid is successful and no further such appeal lies, until the licence is renewed by the licensing authority.

(4)In the case of an appeal in relation to an application of which, in accordance with paragraph 2(1) of Schedule 1 to this Act, notice was required to be given to a chief officer of police, notice of the appeal shall be given to that chief officer as well as to any other person to whom it is required to be given apart from this subsection.

Miscellaneous and general

15 Powers of entry and inspection

(1)If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting, as regards any premises specified in the information—

(a)that a performance of a play is to be given at those premises, and that an offence under section 2, 5 or 6 of this Act is likely to be committed in respect of that performance; or

(b)that an offence under section 13(1) of this Act is being or will be committed in respect of those premises,

the justice may issue a warrant under his hand empowering any police officer or, in a case falling within paragraph (b) above, any police officer or authorised officer of the licensing authority at any time within [F1fourteen days][F1one month]from the date of the warrant to enter the premises and—

(i)in a case falling within paragraph (a) above, to attend any performance of a play which may be given there;

(ii)in a case falling within paragraph (b) above, to inspect the premises.

In the application of this subsection to Scotland, the references to a justice of the peace shall be construed as including references to the sheriff . . . F2

(2)Any authorised officer of the licensing authority may, on production if so required of his authority, at all reasonable times enter any premises in respect of which a licence under this Act is in force at which he has reason to believe that a performance of a play is being or is about to be given and inspect them with a view to seeing whether the terms, conditions or restrictions on or subject to which the licence is held are complied with.

(3)The power conferred by subsection (2) above on an authorised officer of the licensing authority shall be exercisable also by a police officer who shall not, if wearing uniform, be required to produce any authority.

(4)In relation to premises situated in the area of a fire authority that is not the same body as the licensing authority, subsection (2) above shall have effect as if the references to an authorised officer of the licensing authority included references to an authorised officer of that fire authority.