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Licensing

Q: Animals on stage

Do I need specific insurance or a licence in order to bring an animal, namely a dog, onstage during a pantomime? Are there rules with regard to where and how it is kept in the theatre during the performance?

A: If the dog is to be kept on a lead while onstage and is not specially trained for its stage appearance then, initially at least, all you are required to do is give the local council at least ten days notice in writing of your intention to use the animal in a performance, as required by the Model National Standard Conditions for Places of Entertainment, which are usually incorporated into the terms of theatre licences issued by local councils. It will then be up to the council to decide whether it needs any further information from you in order to satisfy itself about the use to which the animal will be put and its welfare.

If, on the other hand, the dog concerned is required to "perform" onstage or to be specially "trained" for the purpose then it is a different matter, because under the Performing Animals (Regulations) Act 1925 any person who (with limited exceptions) exhibits or trains any performing animal to perform at or for the purpose of any entertainment to which the public is admitted must be "registered" with the local authority where the applicant resides. An applicant for registration will be required to give particulars of the animal and the performances concerned. A Certificate of Registration will be issued to the applicant and a copy sent to the Home Office. There are also Performing Animal Rules 1925 (as amended in 1968) which you will need to study - a copy can be obtained from HM Stationery Office.

Apart from the above, you or the show's producer should check the terms of the contract between the producer and the theatre management to see whether, as is quite likely, it contains any special terms as to the use of animals in performances or as to animals being brought into the theatre for any purpose. I suspect you will probably need permission from the theatre management but this should be readily forthcoming in the case of a well behaved dog which is unlikely to cause any trouble.

The general law relating to animals will, of course, continue to apply. For example, it is an offence under the Protection of Animals Act 1911 to cause an animal unnecessary suffering, or to fail to exercise reasonable care and supervision for protection of the animal from cruelty. The council and/or the police are empowered by statute to apply to the Court for a Prohibition Order on cruelty grounds in an appropriate case.

As to how the dog is kept in the theatre when not onstage, you will need to make arrangements with the theatre management as appropriate. There are numerous health and safety rules for theatre premises of the kind one would expect and obviously if you allow the dog to run amok in the audience or backstage, the general law of negligence will apply in relation to any injury or damage which the dog may cause. It would be sensible to ensure that, when not onstage, it is kept tethered or on a lead but in conditions which are suitable for its welfare.

You will only be liable for damage or injury caused by acts of a normally harmless and domesticated animal, such as a dog, if it is known to have abnormal, dangerous characteristics and even then there will be no liability to any persons who are shown to have accepted the risk.

The theatre management and/or producer may well insist on your having public liability insurance in relation to the dog but apart from this the insurance is entirely a matter for you.

First published 9th December 2004