Law Relating to Theatres

There are a number of statutory provisions relating to the construction and safety of theatres and other buildings used for public entertainments, the chief of which are to be found in the Metropolis Management Act, 1878, the Public Health Act, 1875, sec. 158, the Children Act, 1908, sec. 121, etc.

The Common Law Affecting Theatres, etc.

At common law the admission of the public to theatrical, etc., performances is in the discretion of the management, but once the right of admission is granted, it cannot be withdrawn except under certain circumstances. The legal position of the ordinary ticket-holder is that he has the irrevocable right to be admitted to see an entertain ment until its close, provided that he behaves properly (Hurst v. Picture Theatres Ltd., 1915, I K.B. 1), and that he has not ob tained admission by fraud or by the concealment of identity (Said v. Butt, 192o, 3 K.B. 497). The purchase of a ticket for a per formance carries an implied warranty by the management that the premises shall be reasonably safe; but this warranty does not extend to any unseen and unknown defects which could not be discovered by ordinary inspection (Francis v. Cockrell, 187o, L.R. 5, Q.B. 184, 501 ; see also NEGLIGENCE).

The management is also responsible for the safety of the per formance itself ; and they will be liable for injury caused to the audience by the negligence of any actor or other performer who is their servant or agent. If, however, the actor is not the servant of the management but of another person e.g., a touring manager who is presenting the play or entertainment under a contract with the management of the theatre, the latter will only be liable if the performance is intrinsically dangerous, or if they fail to take reasonable steps to ensure that any dangerous incidents are performed without risk to the playgoer (Cox v. Coulson, 1916, 2 K.B. 177; see also NUISANCE).

Theatrical Performers and the Law.

The legal position of theatrical performers is now governed by (a) the common law of contract; (b) theatrical custom ; and (c) special legislation.

(a) At common law an actor or other theatrical performer is regarded as being in a different position from that of the ordinary servant or employee. Thus he is entitled to be given the oppor tunity of performing and of gaining the publicity which is an essential part of the consideration of the contract of performance ( Clayton & Waller Ltd. v. Oliver, 193o A.C. 209). He may

refuse a part which is unsuitable for him (Clayton-Greene v. De Courville, 1920, 36 T.L.R. 790) ; and may decline to play a part at unreasonably short notice (Graddon v. Price, 1827, 2 C. and P. 61o). The tendency of recent years has been to stand ardize theatrical contracts. The standard form of contract for engagements of variety artists is the "Award" contract, evolved as the result of the arbitrations held in 1913 and 1919 to settle disputes between members of the variety profession and their employers. The "Valentine" form of contract is largely (but not universally) used for London (West End) engagements of actors and actresses. A contract to perform on premises which are not licensed, or in a play which has not been approved by the lord chamberlain will be void for illegality ( Gallini v. Laborie, 1793, 5 T.R. 242; Gray v. The Oxford [Ltd.], 1906, 22 T.L.R. 684, etc.). Similarly the presence of a "barring" clause (a form of restrictive covenant which prevents a performer from perform ing elsewhere within a certain area and within a specified time of the particular engagement) may vitiate the contract as being in restraint of trade, if its terms are too wide or unreasonable (Tivoli [Manchester] Ltd. v. Colley, 1904, 20 T.L.R. 436). A term in a contract restricting an actor from using his stage name has been held to be void (Hepworth Manufacturing Co. v. Ryott, 1920, I Ch. I).

Outside the law of contract, a theatrical employee is in prac tically the same position as the ordinary employee. The manage ment is liable for negligent or tortious acts committed by him in the course of his employment (e.g., an infringement of copyright ; see Performing Right Society, Ltd. v. Mitchell, etc., 1924, I K.B. 762). The management is also liable for the personal safety of the performers, unless the injury is occasioned by the negligent or wrongful act of a fellow performer or fellow employee, e.g., a scene shifter (see Burr v. Theatre Royal, Drury Lane, Ltd., 1907, I K.B. 544).