Return to main Advice page

Legal Eagle

Licensing

Q: Theatre clubs

Is it possible to open a private theatrical club in your own back room, provided you obey the 48 hour members rule? In such a case does one need a club licence if no alcohol is to be served? Is planning, permission necessary? Are there any other rules and regulations other than those laid down in the Club Act?

A: The answer to your first question is to be found in Sections 12 and 18A of the Theatres Act 1968. Briefly, no premises can be used for the public performance of a play without a licence from the local authority and any breach is an offence under the Act. 'Public performance' is defined as meaning one which is (i) performed in a public place or (ii) not open to the public but promoted for private gain or (iii) advertised, and accompanied by payment for ancillary facilities or services, or (iv) permitted to be attended by the public or a section of the public (whether for payment or not). However, where the performance is promoted by a 'society' (which for this purpose includes a club) wholly for purposes, other than a commercial undertaking and money is paid for the benefit of the society as a whole, the fact that a person or individual may benefit is not of itself to be regarded as being for private gain. The answer is therefore yes, what you propose is certainly possible without a licence if you keep within the parameters described above.

As to planning permission, this would only be required for a material change of use, e.g. from private dwelling house to some other class of planning use, such as that which comprises concert halls, dance halls and areas for recreation (there is no separate class which covers theatres specifically). However, if the premises or relevant part of the premises in question were used for theatrical or similar performances only occasionally or intermittently, or as ancillary to the main use, or incidental to enjoyment of the dwelling house, this would not constitute a material change of use comprising development, and accordingly would not require planning permission. Conversely, if it were properly to be regarded as the sole or primary use, then planning permission would be required.

In passing, I would mention that a copyright licence from the authors or other copyright owners is needed for performance of a play, even by a private members club. There are also regulations relating to various activities on club premises such as those relating to sale of intoxicating liquor, music and dancing, gaming, boxing, wrestling and, of course, fire and public-health regulations, but I do not think your question is directed to any of these which I am unable to cover in the space available.

First published December 1995