Law Relating to Theatres

THEATRES, LAW RELATING TO. Playhouses grew up in England after the Renaissance, when the religious drama began to give place to the secular drama. Apparently, licences for tem porary theatres were first granted in the reign of Henry VIII. ; but as the number of regular playhouses increased, letters patent to perform stage plays were granted to Burbage, Shakespeare and others by Elizabeth and James I. By an Order in Council passed in 1600, the number of playhouses in London was limited to two, one in Middlesex and one in Surrey; but this restriction was not strictly enforced. The theatres continued to function independ ently of legal control until 1647, when an Ordinance of the Roundhead Government closed all playhouses and even inflicted penalties on any spectator at stage plays. With the Restoration, the theatres were re-established, and royal patents granted to Killigrew and Davenant, in 1662, for their theatres in Drury lane and Covent garden, the one enjoying the official patronage of Charles II., the other the patronage of the duke of York.

The Theatres Act of

1737 (1 o Geo. II. c. 28) instituted statu tory control over playhouses, plays and players which contin ued for more than a century. The act provided (inter alia) that no person should be authorized either by letters patent or by licence to perform stage plays anywhere in Great Britain except within the City of Westminster or the liberties thereof or in places of royal residence during the period of such residence. This limitation was subsequently modified by an act passed in 1788 (28 Geo. III. c. 3o). The acting of plays at the universities (which had been privileged places originally) was forbidden by io Geo. II. c. 19.

Walpole's act of

1737 consolidated the position of the patent theatres; and in spite of a long and bitter struggle between the patent theatres and the non-patent theatres, the former main tained a virtual monopoly down to 1843, when the recommenda tions of the parliamentary committee of 1832 were put into effect by the passing of the Theatres Act, 1843 (6 and 7 Vict. c. 68),

which freed the London stage, and established legal control over playhouses as it exists to-day.

All theatres, music-halls, etc., must now be licensed for the purposes for which they are intended to be used.

Theatre Licences.—A theatre licence is not required if the performances are not public (see Harms v. Martans Club, 1926, I Ch. 87o) ; or if the plays presented are not stage plays within the meaning of the act (for meaning of stage plays, see below) ; or if the premises are not of a permanent character (e.g., a portable booth) ; or if the theatre is licensed by letters patent; or if the performance is given in any booth or show at a fair or other customary feast.

Theatre licences are granted by the lord chamberlain for all theatres within the parliamentary boundaries of the cities of London and Westminster, and of the boroughs of Finsbury and Marylebone, etc. For theatres situate elsewhere, the county councils are the proper licensing authority; but they may delegate their powers to committees or to justices of the peace. Licences can only be granted to the responsible manager for the time being of the theatre in question, who must enter into a bond for a sum not exceeding oo. The fee for a licence is los. per calendar month in the case of the lord chamberlain's licence, and 5s. per calendar month for a licence granted by any other authority. All licensing authorities are empowered by the Theatres Act to make rules and regulations for maintaining order and decency in theatres licensed by them and for ordering the closing of any theatre and suspending its licence where any riot or misbehaviour takes place (ss. 8 and 9).

Music and Dancing Licences.

Music-halls and similar places of entertainment were first brought under legal control by the Disorderly Houses Act, 1751, which is still in force. A licence is required for any house, room, garden or other place kept for public dancing, music, or other such public entertainment.